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Hawaii Real Estate Law Questions & Answers
0 Answers | Asked in Landlord - Tenant and Real Estate Law for Hawaii on
Q: My landlord has turned off my water and notified water company not to turn on for me as a mechanism to move.

Landlord of my REO property that I am a stay over tenant has turned water off, with a block in place to leave off at water co.

They hired a security team from out of town to sit and intimidate me 24/7 as an intimidation tactic.

They block the main house and I am now in the cottage... Read more »

0 Answers | Asked in Real Estate Law for Hawaii on
Q: How and where to file an adverse possession?

I have ALL my ducks in a row legally and known by everyone to file for adverse possession of the property I’ve lived on without a hitch for 26 years in Hawaii.

What’s my 1st step in acquiring title?

Also recent a man demolished my land by bulldozer.

My home my legs... Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have lived on land in Hawaii for 26 years without a hitch. How do I prove it? To whom shall I file my proof?
John Michael Frick
John Michael Frick
answered on May 3, 2023

File a lawsuit to quiet title by adverse possession against the person with legal title based on what is recorded and against anyone else claiming an interest or lien to the property.

Give your attorney documents, photographs, and the names of witnesses that can show you have in fact been...
Read more »

0 Answers | Asked in Real Estate Law and Small Claims for Hawaii on
Q: To claim adverse poses. I need to file a conveyance instrument. Bureau of Con? Small claims or ?? Who issues my instr

I have all items required for adverse posession state of Hawaii. In order ready to prove and transfer title to me.

Following the revised stats; I will file a judgement or an instrument of conveyance. To circuit court. Where to get that judgement? At Small claims?

Or

Where... Read more »

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Hawaii on
Q: Rented home,w/o alarms, fixed rotten stairs prior to moving in,nor got check 4 repair,not renting condition, able 2 sue?

investigation found zero fireworks or any known combustible items near reported start of fire location.fire investigator’s/landlords insurance determined cause unknown. First week moving in home, off and on we would smell burning wood but didn’t see smoke, (ironically the location witnesses... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2022

A Hawaii attorney could advise best, but your question remains open for two weeks. Your question straddles several categories and I can only speak for the Personal Injury aspect of your question, not the L-T issues. When you mention "unscathed," it sounds like you might be referring to... Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I have a question about un-filed deeds in Hawaii real estate.

My wife owned a piece of property and she passed away. A cousin has come forward and is claiming the property was sold to them in the early 2000’s the deed has a notary stamp, But isn’t recorded anywhere legally. I’m worried if I don’t agree to the demands presented to me I will be sued... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 13, 2022

Hire a competent HI attorney now to search your Title. You will probably have to sue the cousin to Quiet Title, as he may have blown an SOL. Payment of Taxes may be very significant here. Unrecorded Deeds are effective only amongst the named Parties. He will probably record it now and may... Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Is adverse possession deemed if owners literally up and left?

My fiancée has been in the home for no less than 23 years after his parents divorced and went their separate ways leaving the home to him. He has been the sole person taking care of the home from, repairs, remodeling etc. excluding land taxes. There is no mortgage as the home has been paid off.... Read more »

Kelly LaPrade
Kelly LaPrade
answered on Jul 15, 2022

I suggest your fiancé contact an attorney asap to determine if he has a claim for adverse possession as there may be a statute of limitations that could bar the claim if not asserted in time.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: My fiancé has been living in his family home since late 1996. His parents were divorced in 2000 , however prior to the f

My question is , can either one of them justmove back in and essentially push us out especially since my fiancé has been the sole person upkeeping the home from repairs to utilities excluding land taxes that his father refused to let him pay. Secondly, does the father have “more say” or... Read more »

Kelly LaPrade
Kelly LaPrade
answered on Jul 15, 2022

Hi, I am sorry you’re experiencing this difficulty. Usually ownership to a piece of real property in Hawaii would be vested in the person or persons listed on the deed to property. One way a person could attain ownership is by adverse possession but more facts would be needed to determine... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Hawaii on
Q: I want to file a death certificate with the Bureau of Conveyances for a joint tenant on a property in Hawaii on which I

am the other tenant with rights of survivorship.They informed me that I must have a lawyer do this for me. If this is true,what would be the costs? I live in Alaska.

Kelly LaPrade
Kelly LaPrade
answered on Jun 26, 2022

If it is just Bureau of Conveyances then I can prepare and file this for about an hour’s worth of time plus filing fee. If it is Land Court then it is much more complicated. You can email me at: kelly@westmauilegal.com for more info on my hourly rate.

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Have there been any cases before the courts in Hawai involving pickleball playing on tennis courts in an AOAO
Mark Simonds
Mark Simonds
answered on Mar 23, 2022

Interesting question! While there are no reported appellate decisions directly on point, there are appellate opinions that speak to use and/or alteration of common elements and/or limited common elements in a condominium regime. For example, take a look at AOAO v. Bowers, 125 Hawai'i 242 (ICA... Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: Other reasons a member of an Association needs to solicit proxies if there is no ELECTION at the Annual Meeting?

Hawaii State Statutes 514B

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

In order to answer this accurately, it would be best to review the by-laws, along with the agenda for the meeting to determine what, if anything, was being voted on and to determine when a proxy may be properly used.

1 Answer | Asked in Real Estate Law and Contracts for Hawaii on
Q: Do I need to go over the disclosure after sending in my recission notice, which has been received by the timeshare

Contacted by rep. Says needs to go over disclosure to speed up transfer of funds. Downpayment

Mark Simonds
Mark Simonds
answered on Feb 12, 2022

Aloha, if your rescission was submitted in a timely manner, that effectively ends your contractual obligation with the seller. Assuming this is so, I am uncertain why they would require you to go over disclosures. Feel free to reach out to me should you need further assistance.

1 Answer | Asked in Foreclosure and Real Estate Law for Hawaii on
Q: My auntie defaulted on her mortgage and have not paid for the past 10 years while a judicial foreclosure case is ongoing

The case recently got dismissed due to statute of limitations, is this a good thing? Is it okay for her to not pay anything while the case was ongoing? Is she off the hook now since the case got dismissed?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2021

To determine your aunt's situation she needs to at least consult with an experienced HI mortgage foreclosure defense attorney to evaluate the situation. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for... Read more »

1 Answer | Asked in Real Estate Law and Probate for Hawaii on
Q: My husbands ex fiancé won’t sign the quit claim deed for the house....

She left him a year after they purchased the house. She moved off island. She has never paid the mortgage or anything. He and I have been together for 8 years now, living in the house. He and I have a child together and are married. If anything were to happen to him or me, we want to make sure our... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 2, 2021

If you can’t get her to agree to some kind of voluntary settlement then you will need to bring a quiet title lawsuit against her.

1 Answer | Asked in Contracts and Real Estate Law for Hawaii on
Q: My client who owns a home in the County of Hawaii passed away. The deed is only in his name and his wife wants to sell.

How do we get authority to sell and do we need to go through probate if there is not a will in place?

Tim Akpinar
Tim Akpinar
answered on Dec 11, 2020

A Hawaii attorney could best advise, but your post remains open for four weeks. You may want to repost this and add the categories Probate and Estate Planning. There's no guarantee that every question is picked up, but you could have better chances of a response with those additional... Read more »

1 Answer | Asked in Real Estate Law and Probate for Hawaii on
Q: Who has legal rights to my late dads estate. Me as I'm his only legal daughter or my illegitimate sister?

My name is Carol im from the Philippines I am a US citizen as my dad had petitioned me to come to Hawaii before he had died. During his last days he said that he was in the US army and he had bought and paid for a home for my mom and me on the island of Hawaii. He told me to come and claim the home... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2020

Check for a Probate Action in both the County where he died and where the property lies. If no Probated Will then the Heirs At Law own the property, which should include you. You probably need an attorney to establish your title, and a Partition Sale may be necessary.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Hawaii on
Q: I inherited 50% of a property as tenant in common 6 years ago. I never lived there. Do I owe money to current occupant?

Sibling was executor of our mothers' estate and moved his family in immediately after she died. I never received a deed. I lived out of state with my husband at the time. There is no tenants agreement. Sibling unable to buy me out at that time. I did not ask for compensation for him and his... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 5, 2019

If you did not sign the note for the current debt, then you are not personally liable on it. If you did not sign the mortgage that secures the current debt, then your share of the property is not liable for the current debt either.

If your sibling insists that you pay for half of the...
Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Hawaii on
Q: Stated in my lease, I can break without penalty if I find mold and I found black mold... how do I terminate

I also had requested a mold test which was denied and asked for mold remediation of the shower which took months. I’ve suffered now from sinus issues, allergies, esophagitis and had to pay to an ent out of pocket and am worried about all of the toxic spores we’ve now been exposed to. How do I... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2019

In terms of the personal injury aspect of your question, you'll have to see if you could arrange a free initial consult with a Hawaii personal injury attorney who could review your records and what information is available on the mold. The problem with these types of cases is that establishing... Read more »

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Probate for Hawaii on
Q: my great great uncles deceased, owned some land on the north shore of Oahu. Where and how can I show documents.

I have information birth death marriage certificates to prove proper identity. Is it legal without documents for someone else to sell, own or divide land or even lease it without title.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Aug 24, 2019

Yes. As a matter of fact I have a bridge in New York City I would like to sell you.

On a more serious note, you need to find a Hawaii probate attorney to help you probate your uncle’s estate.

View More Answers

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Hawaii on
Q: How often can a landlord access a tenants home before it's considered abusing their rights to enter?

I've been living in the residence for 9 mo and the owner has decided to sell. I have 3 months left on my contract and the owner all ready has 3 private viewings and an open house planned this week. In addition, the real estate agent hired by the homeowner plans on having an open house every... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 8, 2019

Reading between the lines of this question it appears clear that you were told upfront that the owner was going to sell the house they rented to you--because your lease has a clause in it that specifically authorizes the owner to show the place to prospective buyers. Turning to the several... Read more »

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