AMENDMENT
AND ALTERATION OF CERTIFICATE OF TITLE
§501-196 Alterations upon registration book
prohibited when; court hearings; limitations. No erasure, alteration, or
amendment shall be made upon the registration book after the entry of a
certificate of title or of a memorandum thereon, and the approval of the same
by the registrar or an assistant registrar except by order of the court recorded
with the assistant registrar, provided that the registrar or assistant
registrar may correct any clerical error made by personnel of the registrar's
or assistant registrar's office. Any registered owner or other person in
interest may at any time apply by petition to the court, upon the ground that
registered interests of any description, whether vested, contingent, expectant,
or inchoate have terminated and ceased; or that new interests have arisen or
been created which do not appear upon the certificate; or that any error,
omission, or mistake was made in entering a certificate or any memorandum
thereon; or that the name of any person on the certificate has been changed; or
that the registered owner has been married, or if registered as married that the
marriage has been terminated; or that a corporation which owned registered land
and has been dissolved has not conveyed the same within three years after its
dissolution, or upon any other reasonable ground. The court shall have
jurisdiction to hear and determine the petition after notice to all parties in
interest and may order the entry of a new certificate, the entry or
cancellation of a memorandum upon a certificate, or grant any other relief upon
such terms and conditions, requiring security if necessary, as it may deem
proper. This section shall not be construed to give the court authority to
open the original decree of registration, and nothing shall be done or ordered
by the court which impairs the title or other interest of a purchaser holding a
certificate for value and in good faith, or the purchaser's heirs or assigns,
without the purchaser's or their written consent.
Any petition filed under this section and all
petitions and motions filed under this chapter after original registration
shall be filed and entitled in the original case in which the decree of
registration was entered. [L 1903, c 56, §108; RL 1925, §3298; RL 1935, §5096;
RL 1945, §12696; RL 1955, §342-96; HRS §501-196; gen ch 1985; am L 1988, c 346,
§23; am L 2000, c 178, §7]
Rules of Court
Alteration, see RLC rule 65.
Case Notes
Power to cancel memorandum. 32 H. 680 (1933).
Notice of marital status may be given under this section. 35
H. 816, 825 (1941).
Land court's jurisdiction under section is in personam as to
all interested parties properly served. 5 H. App. 304, 689 P.2d 204 (1984).
Respondent's filing came within the purview of this statute,
respondent having filed its petition for one of the purposes listed under rule
65 of the rules of the land court, and pursuant to this statute, notice to all
parties in interest was required to be given; proposed amendment of their
certificates would make registered owners "parties in interest"
entitled to notice under this statute. 79 H. 56 (App.), 897 P.2d 983 (1995).
Notes of Decisions
Cited in
13
cases (
1 in the last 5 years), 1984–2021 · leading case:
Knauer v. Foote, 63 P.3d 389 (Haw. 2003).
Knauer v. Foote, 63 P.3d 389 (Haw. 2003).
· cites it 82× “2d 1015 (1978) [11] and HRS § 501-196 (1993). [12] Additionally, the ICA stated that case law and statutes dictated the conclusion that, although the circuit court had jurisdiction to hear the merits of the case and determine the validity of the claims, it did not have…”
GGS (HI), Inc. v. New York Diamond, Inc., 944 P.2d 1341 (Haw. App. 1997).
· cites it 12× “In the case of registered property, such a proceeding may be initiated to determine the merits of a motion to expunge but a proceeding under HRS § 501-196 (1993) is the only mechanism for accomplishing the actual expungement of memo-randa from the certificate of title to regis…”
In Re the Trs. Under the Will & of the Est. of Damon, 689 P.2d 204 (Haw. App. 1984).
· cites it 14× “Some of those other questions are found in HRS § 501-196 (1976), which states in pertinent part: Any registered owner or other person in interest may at any time apply by petition to the court, upon the ground that registered interests of any description, whether vested,…”
Wells Fargo Bank, N.A. v. Omiya., 420 P.3d 370 (Haw. 2018).
· cites it 2× “" HRS §§ 501-75, 501-108(a) ; see HRS § 501-196 (2006) (disallowing, with some exceptions, erasures, alterations, or amendments "upon the registration book after the entry of a certificate of title .”
Childs v. Harada, 311 P.3d 710 (Haw. App. 2013).
· cites it 10× “, this court had determined that the circuit court did not have jurisdiction to expunge a lis pendens from land court property because HRS § 501-196, 17 which expresses the requirements for amending a certificate of title, provides the land court with exclusive jurisdiction to…”
Mason v. Wailea Resort Co., 897 P.2d 983 (Haw. App. 1995).
· cites it 39× “required by HRS § 501-196.” It declared that Respondent filed the petition “with actual or constructive notice that the landowners .”
Matson Navigation Co. v. Fed. Deposit Ins. Corp., 916 P.2d 680 (Haw. 1996).
· cites it 2× “In essence, this is a direct attack made pursuant to HRS § 501-196 (1993), which provides in pertinent part: Alterations upon registration book prohibited when; court hearings; limitations.”
Fergerstrom v. PNC Bank, N.A., 342 F. Supp. 3d 1029 (D. Haw. 2018).
· cites it 2× “Thus, provisions of HRS Chapter 501 provide the original and new certificates of title as being within the registration book-the decree is "transcribe[d] in the [registration] book," which "shall be the original certificate of title," and new certificates of title are "ma[d]e…”
Honolulu Constr. & Draying Co. v. State, 293 P.3d 141 (Haw. App. 2012).
· cites it 4× “310,513, pursuant to HRS § 501-196 (2006), in order to expunge the deed restrictions on Irwin Park (Petition).”
In the Matter of: Certificate of Title No. 134390. Lot No. 3417-1-3NEW-R1, Sinajana, Guam & Certificate of Title No. 134391. Lot No. 3417-1-4, Sinajana, Guam Gov't of Guam, through the Off. of the Attorney Gen. of Guam, Mr. Leevin T. Camacho, Attorney Gen. v. Genedine Perez Quitugua, Respondent/Real-Party-In-Interest-Appellant, 2021 Guam 19 (Guam 2021).
“Compare 21 GCA § 29195, with Haw. Rev. Stat. § 501-196 (2000) (”The court shall have jurisdiction to hear and determine the petition after notice to all parties in interest .”
Dudoit v. Clifton, 158 P.3d 293 (Haw. App. 2006).
· cites it 2× “HRS § 501-196 (Supp.2005) states: Alterations upon registration book prohibited when; court hearings; limitations.”
— Haw. Rev. Stat. § 501-196(2006) — 1 case
Childs v. Harada, 311 P.3d 710 (Haw. App. 2013).
“, this court had determined that the circuit court did not have jurisdiction to expunge a lis pendens from land court property because HRS § 501-196, 17 which expresses the requirements for amending a certificate of title, provides the land court with exclusive jurisdiction to…”
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