VOLUNTARY
DEALING WITH LAND AFTER
ORIGINAL
REGISTRATION
§501-101 Voluntary dealing with registered
lands. An owner of registered land may convey, mortgage, lease, charge, or
otherwise deal with the same as fully as if it had not been registered. The
owner may use forms of deeds, mortgages, leases, or other voluntary instruments
like those now in use and sufficient in law for the purpose intended. No deed,
mortgage, or other voluntary instrument, except a will and a lease for a term
not exceeding one year, purporting to convey or affect registered land, shall
take effect as a conveyance or bind the land, but shall operate only as a
contract between the parties, and as evidence of authority to the registrar or
assistant registrar to make registration. The act of registration shall be the
operative act to convey or affect the land, and in all cases under this chapter
the registration shall be made in the office of the assistant registrar in the
bureau of conveyances, during office hours prescribed in section 502-32. The
rules of court may provide for forms of conveyances respecting registered land.
[L 1903, c 56, §50; am L 1913, c 21, §1; RL 1925, §3239; RL 1935, §5049; RL
1945, §12649; RL 1955, §342-50; HRS §501-101; am L 1972, c 91, §1(t); am L
1974, c 13, §1; gen ch 1985]
Case Notes
Cited in holding that an agreement could operate as a
contract between the parties and give rise to enforceable rights, although it
could not affect the title situation because not noted on certificate. 324 F.
Supp. 768 (1971).
Cited in holding that land was not subject to a trust in
favor of a partnership when the trust was not noted on the certificate of
title. 324 F. Supp. 768 (1971).
Bill of sale affecting registered land must be registered to
take effect as a conveyance. 58 H. 580, 574 P.2d 524 (1978).
Unregistered instrument regarded only as a contract between
the parties. 60 H. 40, 587 P.2d 294 (1978).
Where the date of registration of the assignment of
assignor's interest in the land, pursuant to this section, acted as the time of
conveyance and was nearly two years after the execution of the note and
mortgage, and there was nothing in the record to indicate that title was not
conveyed or that there was any legally relevant defect in the assignment, the
note and mortgage were properly assigned by assignor to assignee. 117 H. 506
(App.), 184 P.3d 821 (2008).
See 33 H. 343 (1935); 39 H. 278 (1952); 44 H. 235, 246, 353
P.2d 1007 (1960); 50 H. 189, 436 P.2d 207 (1967).
Notes of Decisions
Wells Fargo Bank, N.A. v. Omiya., 420 P.3d 370 (Haw. 2018).
· cites it 10× “" HRS § 501-101 (2006). An owner of registered land who wants to convey it in fee executes a deed of conveyance, which the grantor or grantee presents to the assistant registrar.”
IndyMac Bank v. Miguel, 184 P.3d 821 (Haw. App. 2008).
· cites it 3× “This date, pursuant to HRS § 501-101, acts as the time of conveyance and was nearly two years after the execution of the Note and Mortgage.”
In Re the Est. of Shunji Kay Ikuta, 639 P.2d 400 (Haw. 1981).
· cites it 4× “Since the Wailupe property is not land court property, we do not find it necessary to determine the impact of RLH § 12649 (1945) (current version at HRS § 501-101 (1976)) on an unrecorded property management agreement at this time.”
Fergerstrom v. PNC Bank, N.A., 342 F. Supp. 3d 1029 (D. Haw. 2018).
· cites it 2× “" HRS § 501-101 (2006). In Omiya , the Hawaii Supreme Court explained the statutory and regulatory framework for the registration of new certificates of title upon conveyance of Land Court property- An owner desiring to convey in fee registered land, or any portion thereof,…”
Packaging Prods. Co. v. Teruya Bros., Ltd., 574 P.2d 524 (Haw. 1978).
· cites it 2× “2 HRS § 501-101 provides: “An owner of registered land may convey, mortgage, lease, charge, or otherwise deal with the same as fully as if it had not been registered.”
Zhang v. Wu (Haw. App. 2026).
· cites it 64× “The plain language of HRS § 501-101 makes clear 1/ The Honorable James C.”
Ellis v. J-R-M Corp., 324 F. Supp. 768 (D. Haw. 1971).
· cites it 3× “81,566, as against said First Mortgagees covered by Part I hereof, nevertheless under HRS Section 501-101, quoted ante in Note 2, could “operate * * * as a contract between the parties” and be later registered and given effect if registered in time and under circumstances giving…”
Pittler v. Comm'r, 51 T.C.M. 1587 (Tax Ct. 1986).
“No such document, however, was filed with respect to any condominiums allegedly purchased by RK-11 from GO.”
Wai Ha Sun v. Est. of Ticktin (In re Wai Ha Sun), 116 B.R. 767 (Bankr. D. Haw. 1990).
“Hawaii Revised Statutes § 501-101 provides, in relevant part, the following: No deed, mortgage or other voluntary instrument, except a will and a lease for a term not exceeding one year, purporting to convey or affect registered land, shall take effect as a conveyance or bind…”
City & Cnty. of Honolulu v. F. E. Trotter, Inc., 757 P.2d 647 (Haw. 1988).
· cites it 2× “HRS § 501-101 reads in pertinent part: No deed, mortgage, or other voluntary instrument, except a will and a lease for a term not exceeding one year, purporting to convey or affect registered land, shall take effect as a conveyance or bind the land, but shall operate only as a…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.