Sections
Part I Registrar, Deputy 502-1 – 502-4
Part II General Provisions 502-7 – 502-8
Part III Indexing of Records 502-11 – 502-27
Part IV Recording 502-31 – 502-34
Part V Acknowledgments; Proof of Instruments 502-41 – 502-54
Part VI Interlineations, Erasures, Etc. 502-61 – 502-63
Part VII Records of Acknowledgments 502-71 – 502-74
Part VIII Requirement and Effect of Acknowledging, Recording, Not Recording 502-81 – 502-85
Part IX Prior Records 502-91 – 502-95
Part X Veterans Certificates 502-101
Part XI Other Provisions 502-111 – 502-112
Part XII Uniform Real Property Electronic Recording Act 502-121 – 502-125

Terms Used In Hawaii Revised Statutes > Chapter 502

  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Document: means information affecting title to real property that is eligible to be entered into the public records, including any plan of land prepared pursuant to section 502-17. See Hawaii Revised Statutes 502-121
  • Electronic: means relating to technology having electric, digital, magnetic, wireless, optical, electromagnetic, or similar properties. See Hawaii Revised Statutes 502-121
  • Electronic document: means a document that is stored in an electronic medium. See Hawaii Revised Statutes 502-121
  • Electronic signature: means an electronic sound, symbol, or process, attached to or logically associated with a document and executed or adopted by a person with the intent of affixing a signature on the document. See Hawaii Revised Statutes 502-121
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grantee: means a party that acquires interest by way of transfer of real property. See Hawaii Revised Statutes 502-7
  • Grantor: The person who establishes a trust and places property into it.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • oath: includes a solemn affirmation. See Hawaii Revised Statutes 1-21
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Hawaii Revised Statutes 502-121
  • Personal property: All property that is not real property.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • recording: means the act of entering into the public records the written instruments affecting title to real property. See Hawaii Revised Statutes 502-7
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: means the name of a person as written by the individual, the affixing of a mark or finger or toe print, or electronic signature as that term is defined in chapter 489E. See Hawaii Revised Statutes 502-7
  • 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 502-121
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC