[§508C-8]  Recording.  (a)  An environmental covenant and any amendment or termination of the covenant shall be recorded by the grantor of the covenant with the registrar of conveyances.  For purposes of indexing, a holder shall be treated as a grantee.

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Terms Used In Hawaii Revised Statutes 508C-8

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Department: means the department of health. See Hawaii Revised Statutes 508C-2
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Hawaii Revised Statutes 508C-2
  • Grantor: The person who establishes a trust and places property into it.
  • Holder: means a grantee of an environmental covenant as specified in § 508C 3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant. See Hawaii Revised Statutes 508C-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Hawaii Revised Statutes 508C-2

     (b)  Except as otherwise provided in § 508C 9(c), an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.

     (c)  A holder shall provide a copy of the final recorded covenant, any amendment made to the covenant, any termination documentation, and documentation of any other matters related to the covenant to the department of health.