TO GET STARTED call UPCOUNTRY LAW at (808) 419-6662, or use our handy CONTACT FORM to begin the process.

need a hawaii deed drafted?

In Hawaii, when real property is sold or gifted, a Deed is eventually recorded with the State of Hawaii, in either the Office of the Assistant Registrar of the Land Court, or with the Bureau of Conveyances, Regular System.  Properties can also be in both Systems, also known as the Dual System.

It is important to hire an experienced Hawaii Deed drafting Attorney, to determine which recording system your property is in, as each System has different requirements to be approved for recording, and improperly prepared or executed documents may be rejected or considered completely invalid. The time, cost, and complexity of the intended transaction or conveyance will differ, depending on which system the property is recorded in.

The Regular System of hawaii

The Regular System is a race-notice system. Under a Race-notice recording system, the best evidence that the Deed was delivered, is to determine who records the Deed first. This System is all about notice to the Bona fide Purchaser, and whether a purchaser indeed had notice of another person’s right to own the property, will determine the prevailing party, and therefore the best evidence for that is to record the Deed or document, even if not required, as in the Land Court System. The Regular System has less requirements, and does not usually require any additional obligations and petitions, when there is a name change, marital status change, or the death of an Owner or Grantee. Recording fees in this System are usually more expensive than the Land Court System.

The Land Court of Hawaii

The Land Court System is a pure-race or Torrens system. Under Pure-race or Torrens system, the person that records the document first is the owner period. If the Deed is not recorded on the Certificate of Title, it is not a conveyance that is valid, regardless if the Deed or document is signed and drafted properly. The Land Court System’s requirements are strict and if any changes have been made to the Owner, such as name change, marital status change, or the death of an Owner or Grantee, the Land Court System will require the current Owner petition the Land Court for a Transfer Certificate of Title, before any future conveyance will be accepted and recorded. Recording fees in this System are usually less expensive, however usually require an additional Certificate of Title fee, along with the potential for expensive petitions for Transfer Certificates of Title.

HAWAII CONVEYANCE TAX

When Real Property has been conveyed and a value has been exchanged, that value is taxed by the State of Hawaii and due upon the recordation of the Deed or document, unless an exemption to the conveyance tax applies, via a P64-A or P64-B Form.

Working with an experienced Hawaii Real Estate Attorney can save time, cost, and in some cases be the difference between a valid conveyance, and a conveyance that creates problematic issues during a pending or future interest conveyance, or a conveyance that is unacceptable and unrecordable.

If you have questions about the real estate process, or you need assistance with gifting, buying, or selling property in Hawaii, feel free to call UPCOUNTRY LAW at (808) 419-6662, or use our handy CONTACT FORM to begin the process.