Hawaii Quit Claim Deed Form
The Hawaii Quit Claim Deed is a legal form most known for transferring an interest in a piece of land or property from a Grantor to a Grantee. However, it also offers another fundamental function: to eradicate a cloud on title. 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 essentially clear up such doubt.
Laws: (Hawaii Revised Statutes, Title 28: “Property,” Chapter 502: “Bureau of Conveyances; Recording“)
Estates (§509-1): If the estate in the Deed is made by two (2) or more people (such as spouses) it will be construed “to create estates in common.” That is, it will not be construed as a joint tenancy or by entirety.
Tax implications (§247-1): A tax will be charged on all Deeds involving transfers or conveyances.
Signing requirements (§ 502-41): A Hawaii Quit Claim Deed must be signed by the Grantor and acknowledged by an officer who has the legal authority to take acknowledgments. The officer must provide their title and signature on the form.
How to file a Quit Claim Deed in Hawaii (§ 502-83): Any Quit Claim Deed made in the state of Hawaii must be filed with the Bureau of Conveyances. Likewise to the recording offices of other states, the Bureau of Conveyances charges a recording fee which must be paid by the party filing the form.
However, one important point of differentiation exists between Hawaii and all 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.
Finally, 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.