§501-87 No adverse possession or
prescription. No title, right, or interest in, to, or across registered
land in derogation of that of the registered owner shall be acquired by
prescription or adverse possession; provided that this section shall not
prejudice any adverse claim, as against any person registered as first owner of
land with a possessory title only, in respect of length of possession of any
other person, who was in possession of the land at the time when the
registration of the first owner took place.
Land registered pursuant to this chapter is not
subject to surrender under section 264-1. [L 1903, c 56, §46; am L 1921, c 135,
§1; RL 1925, §3236; RL 1935, §5046; RL 1945, §12646; am L 1949, c 64, §1; RL
1955, §342-47; HRS §501-87]
Case Notes
Considered in relation to unregistered sublease where
sublessee in possession. 33 H. 343, 346 (1935).
Cited: 40 H. 730, 733 (1955); 73 H. 297, 832 P.2d 724 (1992).
Notes of Decisions
Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017).
· cites it 8× “See HRS § 501-87 (2006) (providing 14 Although the court concluded that the third element, that the State hold a preexisting easement over the relevant property, was satisfied in this case, it maintained in conclusion of law 11 that it was “not convinced” that this element was…”
Application of Banning, 832 P.2d 724 (Haw. 1992).
· cites it 4× “In 1985, the legislature added section (e) to the adverse possession statute, HRS § 669-1, which permits “any person” not just the littoral landowner to register a claim to accreted land by proving it has been natural and permanent for twenty years.”
City & Cnty. of Honolulu v. Bennett, 552 P.2d 1380 (Haw. 1976).
· cites it 2× “” • ■ On'the other hand. Hawaii’s Torrens system of land registration has, ever since its inception in 1903, flatly banned adverse possession against registered land.”
Gold Coast Neighborhood Ass'n v. State, 361 P.3d 1243 (Haw. App. 2015).
· cites it 2× “See HRS § 501-87 (2006 Repl.) (providing that land registered in land court is not subject to surrender, adverse possession, or prescription).”
Sotomura v. Cnty. of Hawaii, 460 F. Supp. 473 (D. Haw. 1978).
“Even had there been, the Owners were entitled to protection against adverse or prescriptive use by the express provisions of § 501-87, Hawaii Revised Statutes. Nor was any evidence offered to establish customary right.”
Conner v. Macquarie Infrastructure Corp. (D. Haw. 2021).
· cites it 2× “See HRS § 501-87 (“No title, right, or interest in, to, or across registered land in derogation of that of the registered owner shall be acquired by prescription or adverse possession.”
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