Hawaii Quit Claim Deed Form
The Hawaii Quit Claim Deed is an official property form that is used to transfer interest in a piece of land or property from someone known as the “Grantor” to a family or friend, who is a party known as the “Grantee”. It also can be used to eradicate an error (or a “cloud”) on a title quickly and easily. A cloud on title refers to any doubt or irregularity about who has a stake in the title of a property. By requiring all parties with an interest in the property to execute this form, a grantee can clear up such doubt.
- Dimensions (§ 502-31(e)): The deed can be refused if it is any larger than eight and one-half inches (8.5″) by eleven inches (11″). The top three and one-half inches (3.5″) should be left blank for use by the assistant registrar on the left side, and the registrar of conveyances on the right side. The first page of the form needs to include all names and addresses of the Grantor(s) and Grantee(s).
- Signing (§ 502-31 & § 502-41): The deed must be signed by the Grantor and notarized. The officer must provide their title and signature on the form. All signatures must be original.
- Mandatory Forms: In addition to the deed, a conveyance tax form (either the P-64A or P-64B) will also need to be submitted.
How to File
Upon completion, the deed must be filed with the Bureau of Conveyances. The Bureau of Conveyances charges a recording fee that must be paid by the party filing the form.
Unlike other states, Hawaii has only one (1) recording office in the whole state. The state also has two (2) different recording systems:
- The Regular System: Used to provide notice that the Deed is on the public record.
- The Land Court System: Used to provide state certification to landowners.
The Deed will need to be recorded in the Regular System, the Land Court System, or both the Regular and Land Court System (referred to as the Double System).
To pinpoint the appropriate system to make the recording, refer to the instructions below:
- Gather the first (1st) page of the Deed.
- Look at where the recording information is located, which will look like a label.
- Record the form in the Regular System if it can be found in the upper right.
- Record the form in the Land Court System if it can be found in the upper left.
- Record the form in the Double System if the information is found twice.
Each system carries with it different filing fees, which are noted here.
Tax implications (§ 247-1): A tax will be charged on all Deeds involving transfers or conveyances.
Race-Notice Act: By implication of the state’s “race-notice act” (§ 502-83), a Deed that is not duly recorded will be considered “void as against any subsequent purchaser, lessee, or mortgagee” who records their Deed in good faith and without due notice of the existence of the other party’s Deed. This makes it crucial for the Deed to be recorded without delay.