DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Title in a Minute with Shawn Tidwell

State Library

Hawaii

Mechanics' liens, recording formalities, future advances, subdivision rules, title premiums and recording taxes in Hawaii, in plain English with statute cites. Last researched Oct 2026.

Compare with other states

Title in a Minute · www.titleinaminute.com/library/states/hawaii · Printed reference copy.

DISCLAIMER: For informational and educational purposes only. Nothing here is legal advice, a title opinion, or a commitment to insure, and no attorney-client relationship is created. No one may rely on this content for any transaction or legal decision. Coverage is governed solely by the terms of an issued policy or commitment, and requirements vary by state and underwriter. Consult your own attorney and underwriter. Views are my own and not those of my employer.

Key quirkTwo recording systems (Land Court and the Regular System), and no adverse possession against Land Court land.

Hawaii at a Glance

Topic Hawaii answer Where it comes from
Two recording systems Land Court (registered land, Certificates of Title) and the Regular System (recorded deeds); both at the Bureau of Conveyances HRS ch. 501, ch. 502
Land Court transfers Deed must cite the current Certificate of Title; the registrar issues a new Transfer Certificate of Title HRS ch. 501
Adverse possession Not available against Land Court registered land HRS § 501-87
Lien filing Court application for a lien within 45 days after the statutory date of completion HRS § 507-43
Priority Lien relates back to visible commencement, subject to mortgages recorded before then; a construction mortgage recorded before completion that recites its purpose has priority for advances used for the work HRS § 507-46
Deed transfer tax Conveyance tax: flat rate on the whole price by bracket, $0.10 to $1.00 per $100 generally; $0.15 to $1.25 for a condo or single-family home bought by a purchaser not eligible for the county homeowner exemption; paid by the seller (grantor) by statute HRS §§ 247-2, 247-4(a)
Mortgage/indebtedness tax None (no state statute)
Future advances Priority over later interests up to the stated maximum HRS § 506-1
Title premium regulation Rate and rule filing requirements do not apply to title; title policy forms need prior approval Insurance Division General Instructions

1. Mechanic's Lien Rules

Plain English

Hawaii mechanic's liens run through the circuit court. A claimant files an application for a lien and notice of lien in court within 45 days after the statutory date of completion. That date is set when the owner or contractor publishes a notice of completion twice, seven days apart, and files the publication affidavit; if no valid notice is filed within one year after actual completion, completion is deemed to be one year later. The court holds a probable-cause hearing, and the lien attaches only when the court orders it. Once attached, the lien relates back to visible commencement of work, but it is subject to mortgages and liens recorded before that. The lien expires 3 months after the order directing it to attach unless enforcement proceedings are started (HRS § 507-43(e)). For Land Court property, the lienor must file a certified copy of the order with the assistant registrar within 7 days.

Key Rules

Application (HRS § 507-43(a), (b)). 45 days after the date of completion; probable-cause hearing; for Land Court property, certified copy of the order filed with the assistant registrar within 7 days.

Completion notice (HRS § 507-43(f), (g)). Published twice, seven days apart; affidavit filed with the circuit court clerk; if none within 1 year after actual completion, completion is deemed 1 year after it.

Priority (HRS § 507-46). Visible commencement; subject to mortgages recorded before then. A mortgage recorded before the date of completion that recites it secures money for the improvement has priority to the extent the money is used for it.

Duration (HRS § 507-43(e)). The lien expires 3 months after the Order Directing Lien to Attach unless proceedings to enforce it are commenced.

Practice Points

  1. Search the circuit court for lien applications, not just the Bureau.
  2. Publish the completion notice to start the 45-day clock.
  3. Record construction mortgages before any visible work, and recite the construction purpose to get § 507-46 priority for advances used for the work.

Citations

2. Execution and Notarization Requirements for Recording

Plain English

Hawaii has two systems at the state Bureau of Conveyances. Regular System documents are recorded and get Bureau document numbers. Land Court (registered) land is different: the state issues a Certificate of Title, deeds must cite it, and the Assistant Registrar issues a new Transfer Certificate of Title to the grantee. Registered land cannot be lost by adverse possession or prescription. Fee time share interests were moved out of Land Court under Act 120 (2009) (HRS § 501-261). Title insurance is still common on Land Court property. The conveyance tax uses a flat rate on the whole price by bracket: generally 10 cents per $100 under $600,000, 20 cents from $600,000 to $999,999, and so on up to $1.00 per $100 at $10 million and up. Higher rates apply only to a condo or single-family home bought by a purchaser who isn't eligible for the county homeowner exemption. By statute the seller (grantor) pays (HRS § 247-4(a)).

Key Rules

  • Land Court (HRS ch. 501). Certificates of Title; no adverse possession (§ 501-87).
  • Regular System (HRS ch. 502). Recording.
  • Deregistration (HRS § 501-261). Fee time share interests deregistered (Act 120 (2009)).
  • Conveyance tax (HRS §§ 247-2, 247-4). Bracketed flat rate on the whole consideration; paid by the grantor.

Practice Points

  1. Ask first: Land Court or Regular System? Many parcels and condos have documents in both.
  2. Cite the current Certificate of Title on every Land Court deed.
  3. Use the right bracket and buyer type for the conveyance tax.

Citations

3. Securing Future Advances

Plain English

A Hawaii mortgage securing future advances has priority over later-recorded mortgages, liens, encumbrances, and conveyances, up to the maximum amount stated for future advances. Real property tax liens and public-improvement assessments are exceptions.

Key Rules

  • Future advances (HRS § 506-1). Stated maximum; tax and assessment exceptions.

Practice Points

  1. State the maximum in every credit-line mortgage.
  2. Check property taxes and assessments; they can prime the mortgage.
  3. Land Court: confirm the mortgage is noted on the Certificate of Title.

Citations

4. Subdivision Statutes and Regulations

Plain English

Hawaii subdivisions are approved under county subdivision ordinances; condominium property regimes are governed by HRS ch. 514B.

Key Rules

  • Condominiums (HRS ch. 514B). Condominium property regimes.

Practice Points

  1. New lot? Confirm county approval and, for Land Court, the approved map.
  2. Condos: check whether the unit's documents are in Land Court, the Regular System, or both ("double system").
  3. Read condominium declarations carefully.

Citations

5. Title Premium Rates

Plain English

Hawaii's general rate filing law (HRS article 431:14, including § 431:14-104) covers casualty, surety, property and similar lines, and its scope section doesn't list title insurance (§ 431:14-102). The Insurance Division's filing instructions say rate and rule filing requirements do not apply to title, while title policy forms need prior approval.

Key Rules

  • Rate filing (HRS §§ 431:14-102, 431:14-104). Title not within the article's scope; Division instructions: rate and rule filing requirements do not apply to title.
  • Forms. Prior approval.

Practice Points

  1. Quote only from the company's Hawaii rates.
  2. Use only approved forms.
  3. Escrow follows the escrow instructions (Yamaguchi v. Title Guaranty Escrow Services, Inc., No. SCWC-21-0000097 (Haw. Mar. 20, 2026)).

Citations

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Hawaii's conveyance tax is a flat rate on the whole price, set by price bracket. Most transfers pay 10 cents to $1.00 per $100; a condo or single-family home bought by a purchaser who isn't eligible for the county homeowner exemption pays 15 cents to $1.25. The seller pays by statute. Hawaii has no mortgage tax.

Key Rules

(a) Deed transfer, conveyance or excise tax

  • Brackets (§ 247-2): general schedule (all property except the case below): $0.10 under $600,000; $0.20 to $1 million; $0.30 to $2 million; $0.50 to $4 million; $0.70 to $6 million; $0.90 to $10 million; $1.00 at $10 million or more (per $100). Condo or single-family home bought by a purchaser not eligible for the county homeowner exemption: $0.15, $0.25, $0.40, $0.60, $0.85, $1.10 and $1.25.
  • Whole price. The bracket rate applies to the entire consideration, not just the portion in the bracket.
  • Who pays. The grantor (seller), by statute (§ 247-4(a)); the grantee pays when the grantor is a government body. A certificate of conveyance (Form P-64A or P-64B) is filed (§ 247-6).

(b) Mortgage, indebtedness or intangible tax

  • None found. No Hawaii statute imposing a mortgage, indebtedness or intangible tax was found, and a document given to secure a debt is exempt from the conveyance tax (§ 247-3(2)), so future advances, credit lines, refinances and modifications carry only recording fees.

(c) Other recording taxes and fees

  • Recording fees (Bureau of Conveyances): Regular System $41 per document up to 50 pages ($106 for 51 or more); Land Court $36 per document up to 50 pages ($101 for 51 or more), plus $50 to issue a Certificate of Title.

Practice Points

  1. Worked example. An owner-occupant condo at $800,000: $1,600. An investor at the same price: $2,000.
  2. No mortgage tax on loans.

Citations

← GeorgiaAll statesIdaho →