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Hawaii Revised Statutes

Haw. Rev. Stat. § 520-7 (2026)

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✓ current as of July 2026
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     [§520-7]  Rights.  No person shall gain any rights to any land by prescription or otherwise, as a result of any usage thereof for recreational purposes as provided in this chapter. [L 1969, c 186, §7]

 

Case Notes

 

  Circuit court correctly determined that the State obtained an easement over and across seawall pursuant to the common law doctrine of implied dedication because this section and §§26-7, 107-10, 171-30, and 264-1(c)(1) do not "imperatively require" abrogation of common law implied dedication, nor do they evince an express legislative intent to do so.  140 H. 437, 403 P.3d 214 (2017).

 

 

Notes of Decisions
Cited in 3 cases, 1992–2017 · leading case: Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017).
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Gold Coast Neighborhood Ass'n v. State., 403 P.3d 214 (Haw. 2017). · cites it 8× “Additionally, to further protect private property owners, HRS § 520-7 provides that “[n]o person shall gain any rights to any land by prescription or otherwise, as a result of any usage thereof for recreational purposes as provided in this chapter.”
Application of Banning, 832 P.2d 724 (Haw. 1992). · cites it 4× “” Further, in keeping with this intent to encourage landowners to make their property available to the public for recreational uses, the legislature specifically prohibited the general public from acquiring any rights by prescription in the property as a result of such use under…”
Gold Coast Neighborhood Ass'n v. State, 361 P.3d 1243 (Haw. App. 2015). · cites it 4× “In addition, pursuant to HRS § 520-7 (2006 Repl.), when the public use of the land is for recreational purposes, the prescriptive period must commence prior to 1969 for any type of easement to arise.”
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