"What We Do..."
We save you time & money by preparing and recording your quit claim deeds to transfer ownership in Hawaiian real property for:
The total fee is $249 which includes all filing fees.
There are no additional costs.
Facts About Hawaii’s Unique Recording System
Hawaii is the only state in the nation with a single statewide recording office. There are two systems of recording in the State of Hawaii. The Regular System basically serves to give "notice" that something is on record. The Regular System is similar to the recording by county found in the other states. The Land Court issues certificate of titles to owners of land. Ownership in Land Court is guaranteed by the State of Hawaii.
Because of confusion determining land ownership and similar names the Land Court was established in 1903 and functions as a registration system for land ownership. Those that place their property in Land Court have gone through a lengthy process of a judicial review of the survey of the parcel, title abstract and determination of ownership. With the ability to obtain title insurance on land ownership, the need for judicial determination of ownership has decreased tremendously.
Documents are recorded either in the Land Court system, Regular system or both, depending on which system the land was originally recorded. When recorded in both land systems, documents are said to be recorded in the "Double" system.
To determine if a transfer deed should be filed in the Land Court, the Regular System or the Double System (both) the easiest way is to look at the deed by which the property was acquired. Recording information would be shown on the first page of the document. If the recording information (label) is on the upper left, the document was recorded in Land Court. If the information is on the upper right, the instrument was recorded in our Regular system. If the document reflects two both set of numbers, it would be considered a double system recording.
Maintaining an accurate, timely and permanent record system for title to real property is the responsibility of the State of Hawaii Bureau of Conveyances. Regular system documents are recorded with the Registrar of Conveyances in the Bureau of Conveyances. Land Court documents are recorded in the Office of the Assistant Registrar of the Land Court, located in the Bureau of Conveyances. Recording fees are based on $25 per document up to 20 pages for the Regular system and $30 per document up to 20 pages for the Land Court. Documents that exceed 20 pages would be charged an additional $1 per page after 20.
Unlike jurisdictions on the mainland, the Bureau of Conveyances does not provide pre-printed forms of deeds. The conveying documents must be accompanied by the proper conveyance tax form, P64-A or P64-B. (P64-B is for transfers without money exchanging hands. Examples are trust transfer deed, quit-claim deeds, transfers between spouses.) A recording fee of $25 for the document is required and can be mailed to the Bureau of Conveyances, P. O. Box 2867, Honolulu, Hawaii 96803.
At Deed And Record, we prepare the following transfer documents for your Hawaiian real estate property or timeshare:
To avoid a transfer tax your transfer or conveying document needs to be accompanied by the conveyance tax form P64-B. Deed and Record prepares this form to save you money by avoiding the transfer tax.
We offer two ways to assist you: by email or by phone.
Email to Mark@DeedAndRecord.com.
A concise explanation of Hawaii’s recording system and methods to own Hawaii real estate.
Hawaii is the only state in the Union that keeps one central location for all real estate deeds. All other states delegate this responsibility to the county level. Hawaii’s unique form of recording can be traced back to the original land tenure system of the Hawaiian Kingdom. All land was owned by the King, but made available to everyone else. The concept of private property did not exist.
That changed with the Great Mahele. Westerners pressured the Hawaiian government to adopt a private system of land ownership. Bowing to that pressure, between 1845 and 1848 King Kamehameha III divided up land among the Kingdom, high-ranking chiefs, and the territorial government. This was called the Ka Mahele now known as the Great Mahele. Ka Mahele translated is “the division.”
There are compelling arguments the native Hawaiians did not receive their fair share of the Great Mahele. Periodically, groups or individuals advocating native Hawaiian rights challenge the established land ownership system. These challenges create rumors and innuendo resulting in confusion and uncertainty.
Because of confusion determining land ownership and similar names the Land Court was established in 1903.Original registration in Land Court is done through a lengthy process of a judicial review. The availability of title insurance has dramatically reduced the need for judicial determination and registration in the Land Court.
Hawaii’s Recording System
Hawaii has three methods to change title on real estate. The Regular System gives "notice" of change in title. Deeds recorded in the Land Court system are guaranteed by the State of Hawaii. Documents recorded in both systems are referred to as a Double System Recording.
Types of ownership
Hawaiian Real Estate is owned is fee simple, as a leasehold interest or as a timeshare.
Timeshares are fractional vacation ownership interests in a resort. The fractional interest is usually the right to occupy a one or two bedroom unit for one week, every year. One unit could have 52 owners. Purchasers are granted ownership as either as a “Time-share Estate” or as a “Time-share Use.” Time-share Estate ownerships are granted by deed and are actual real estate ownerships. Time-share Use ownerships are granted by contract and the owner has a license or membership interest in the time share resort. Time-share Use is not an ownership in real estate.
Leasehold interest is the right to use the land for a specific number of years, typically 55 to 75. The person who owns the leasehold must turn the land back to the actual land owner at the end of the lease. The leaseholder owns the improvements on the land, but not the land itself.
Ownership in a cooperative or multi-family unit is often acquired by lease hold interest. Leasehold interests are conveyed by an apartment lease. The apartment lease has many names: Apartment Lease, Apartment Lease and Ground Lease, Condominium Conveyance Document, Apartment Deed and Ground Lease, or Dwelling Lease.
Real property held in fee simple is the most common form of ownership and what a person typically thinks what it means to own real estate. The person owns all the land, and all of the building. In the past, transfers in ownership had words “fee simple”. Fee simple meant the new owner’s use of the land and buildings had no restrictions what so ever. Today transfers are granted subject to restrictions of an integrated society such as zoning restrictions and access by utilities, by local governments, and holders of mineral rights below the surface.
Typical ownerships in fee simple are single family homes and condominiums. Single family homes are what you expect, land and home owned together by one owner. Condominiums are multiple homes owned by multiple owners with a “common area” owned and shared by all. Common areas are; walk ways, parking lots, pools, BBQ areas, laundry facilities and recreational areas.
Today, grants in fee simple are conveyed with either a warranty deed or a quitclaim deed. A person transferring ownership with a warranty deed at a minimum guarantees he or she is the actual owner and he or she is conveying clean title. Warranty deeds are accompanied with title insurance. Warranty deeds are used in bona fide sales.
Quitclaim deeds are transfer of ownership with no guarantees. The grantor basically conveys whatever ownership he or she may have. Quit claims are essentially the owner walking away from the property. The new owner takes the property “as is.” Transfers from one spouse to another are often quitclaimed.
Time shares are often conveyed with a quitclaim deed. There is limited marketability for time shares so no real opportunity to sell. To avoid paying annual maintenance fees an owner gives away the property.
A final type of property is the Ohana Dwelling or Grandma’s Cottage. This is separate building on the property of the main home. It is usually much smaller and self contained. It can be rented out or occupied by a relative, such as grandma.
"Do You Need Help? Contact Us Today To Get Started..."
Need to transfer real estate into a trust, remove a joint tenant or quit claim a property?
Call us at 949-474-0961, or email us at Mark@DeedAndRecord.com.
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Questions? E-mail to Mark@DeedAndRecord.com or call 714-846-2888