Hawaii Deed Recording Requirements: A Comprehensive Guide

Buying or selling property in Hawaii can be a complex process, and one of the most important steps is ensuring that your deed is properly recorded. A deed is a legal document that transfers ownership of real property from one person to another. In Hawaii, deeds must be recorded with the Bureau of Conveyances in order to be valid.

Understanding Hawaii Deed Recording Requirements

The Hawaii Revised Statutes (HRS) Chapter 501-51 sets forth the requirements for recording deeds in Hawaii. These requirements include:

Common Mistakes to Avoid

One of the most common mistakes people make when recording deeds in Hawaii is failing to properly acknowledge the document. An acknowledgment is a statement made before a notary public or other authorized official that the grantor has signed the deed voluntarily and that the grantor understands the contents of the deed. If a deed is not properly acknowledged, it may not be valid and could be rejected by the Bureau of Conveyances.

Another common mistake is failing to include a legal description of the property being transferred. A legal description is a detailed description of the property’s boundaries and location. If a deed does not contain a legal description, it may not be possible to determine the exact location of the property being transferred.

Benefits of Recording Your Deed

There are several benefits to recording your deed with the Bureau of Conveyances. These benefits include:

History and Evolution of Hawaii Deed Recording Requirements

The history of deed recording in Hawaii dates back to the early 1800s. In 1825, the Hawaiian legislature enacted a law that required all deeds to be recorded with the office of the Minister of the Interior. This law was later amended in 1840 to require deeds to be recorded with the Bureau of Conveyances.

Over the years, the Hawaii deed recording requirements have been amended several times. In 1957, the legislature enacted a law that required deeds to be acknowledged before a notary public or other authorized official. In 1969, the legislature enacted a law that established the current recording fee schedule.

Tips for Recording Your Deed

Here are a few tips for recording your deed with the Bureau of Conveyances:

By following these tips, you can ensure that your deed is properly recorded and that your ownership rights are protected.

Additional Information

For more information on Hawaii deed recording requirements, please visit the website of the Bureau of Conveyances: https://dlnr.hawaii.gov/boc/.