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Hawaii is unique in that it has two state-wide land recording systems. Hawaii does not have county property recording systems. Certain Hawaii properties are registered in the Land Court. Some are recorded in the Regular System. Some properties are recorded in both systems. It is very important to know which documents are needed for proper recording in each system.
Land Court has its own unique filing requirements which must be followed. Also, the agency which is responsible for recording the conveyance documents, the Bureau of Conveyances, has very stringent requirements. If those requirements are not met, the document may be rejected and not be recorded. The Bureau may accept a document for recording that meets their requirements, even though it may contain one or more errors. Title problems can occur in the future if a document has been incorrectly prepared, by which time one or more of the parties may not be available to participate in correcting the problem.
Not all property in Hawaii is fee simple; some is long-term leasehold property; some is a combination of fee simple and leasehold. Each type of timeshare resort and condominium property has a unique conveyance document form appropriate to that property.
IT IS THEREFORE EXTREMELY IMPORTANT TO UTILIZE THE SERVICES OF HAWAII PROFESSIONALS TO PREPARE AND RECORD HAWAII REAL ESTATE DOCUMENTS.