LEGAL
INCIDENTS OF REGISTERED LAND
§501-81 Legal incidents of registered land.
Registered land, and ownership therein, shall in all respects be subject to the
same burdens and incidents which attach by law to unregistered land. Nothing
in this chapter shall in any way be construed to relieve registered land or the
owners thereof from any rights incident to the relation of husband and wife; or
from liability to attachment or mesne process or levy on execution; or from
liability to any lien of any description established by law on land and the
buildings thereon, or in the interest of the owner in land or buildings; or to
change the laws of descent except as provided in section 501-71; or the rights
of partition between coparceners and other cotenants; or the right to take the
same by eminent domain; or to relieve such land from liability to be recovered
by a trustee in bankruptcy under the provisions of law relating to preferences;
or to change or affect in any way any other rights or liabilities created by
law and applicable to unregistered land; except as otherwise expressly provided
in this chapter. [L 1903, c 56, §70; RL 1925, §3259; RL 1935, §5040; RL 1945,
§12640; RL 1955, §342-41; HRS §501-81; am L 1972, c 91, §1(p)]
Case Notes
Civil rights action involving courts' relocation of seaward
boundary of registered land. 402 F. Supp. 95 (1975).
Easements of ingress and egress, creation of by subdivision
map filed in land court. 34 H. 881 (1939); 39 H. 608 (1952). See 37 H. 270
(1945). Dedication of streets. 39 H. 514 (1952).
Rights incident to relation of husband and wife affect
registered land as well as unregistered. 35 H. 816, 825 (1941).
Registered land, like unregistered land, is subject to
erosion. 55 H. 176, 517 P.2d 57 (1973).
Mentioned: 130 H. 183 (App.), 307 P.3d 163 (2013).
Referred to: 44 H. 235, 246, 353 P.2d 1007 (1960); 50 H.
189, 436 P.2d 207 (1967).
Notes of Decisions
Cnty. of Hawaii v. Sotomura, 517 P.2d 57 (Haw. 1973).
· cites it 20× “HRS § 501-81. Thus the determination of the land court that the seaward boundary of Lot 3 is to be located along high water mark remains conclusive; however, the precise location of the high water mark on the ground is subject to change and may always be altered by erosion.”
Fukunaga v. Fukunaga, 800 P.2d 618 (Haw. App. 1990).
· cites it 6× “” HRS § 501-81 (1985), 6 in turn, provides that “[n]othing in this chapter shall in any way be construed.”
Maunalua Bay Beach Ohana 28 v. State, 222 P.3d 441 (Haw. App. 2009).
· cites it 2× “HRS § 501-81. Thus the determination of the land court that the seaward boundary of Lot 3 is to be located along the high water mark remains conclusive; however, the precise location of the high water mark on the ground is subject to change and may always be altered by erosion.”
GGS (HI), Inc. v. New York Diamond, Inc., 944 P.2d 1341 (Haw. App. 1997).
· cites it 2× “See also HRS § 501-81 (“Registered land, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land.”
Sotomura v. Cnty. of Hawaii, 402 F. Supp. 95 (D. Haw. 1975).
· cites it 2× “HRS § 501-81. Thus the determination of the land court that the seaward boundary of Lot S is to be located along high water mark remains conclusive; however, the precise location of the high water mark on the ground is subject to change and may always be altered by erosion.”
Yanagi v. Bank of Am.. (Haw. 2023).
· cites it 4× “Manuel then 14 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND THE PACIFIC REPORTER *** points to HRS § 501-81 (2018), which is titled “Legal incidents of registered land” and states, in relevant part Registered land, and ownership therein, shall in all respects be subject to…”
Manuel v. Bank of Am., N.A. (Bankr. D. Haw. 2023).
· cites it 4× “Manuel then points to HRS § 501-81 (2018), which is titled “Legal incidents of registered land” and states, in relevant part Registered land, and ownership therein, shall in all respects be subject to the same burdens and incidents which attach by law to unregistered land.”
In re the Trs. Under the Will & of the Est. of Campbell, 307 P.3d 163 (Haw. App. 2013).
· cites it 6× “We are also unpersuaded by the State’s argument that the government’s reservation of mineral or metallic mines is a “burden and incident” on land under HRS § 501-81 (2006) 11 that cannot be extinguished by registration.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.