Hawaii is the only state in the country with a single state registration office. There are two recording systems in the State of Hawaii. The Regular System basically serves to give “notice” that something is registered. The Regular System is similar to the county registration found in the other states. The Land Court issues certificates of title to land owners. Property in Land Court is guaranteed by the State of Hawaii.
Due to confusion in determining ownership of land and similar names, the Land Court was established in 1903 and functions as a land ownership registration system. Those who place their property in Land Court have gone through a lengthy judicial review process of parcel inspection, summary of title, and determination of ownership. With the ability to obtain title insurance on land ownership, the need for judicial determination of ownership has greatly decreased.
Documents are registered in the land court system, the regular system, or both, depending on the system in which the land was originally registered. When recorded in both Earth systems, the documents are said to be recorded in the “Double” system.
To determine whether to file a deed of transfer 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. The registration information would be displayed on the first page of the document. If the registration information (label) is on the upper left, the document was registered with the Land Court. If the information is on the top right, the instrument was registered in our Regular system. If the document reflects two sets of numbers, it would be considered a dual system record.
Maintaining an accurate, timely, and permanent record system for real property title is the responsibility of the State of Hawaii Office of Conveyance. The documents of the regular system are registered with the Transport Registrar in the Transport Office. Land Court documents are filed with the Land Court Assistant Recorder’s Office, located in the Office of Transfers. Registration 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 exceeding 20 pages will be charged an additional $1 per page after 20.
Unlike jurisdictions on the mainland, the Transfer Office does not provide pre-printed forms of deeds. Transport documents must be accompanied by the appropriate transport tax form, P64-A or P64-B. (P64-B is for transfers without exchange of money. Examples are deeds of transfer of trust, deeds of release of claims, transfers between spouses.) A $25 filing fee is required for the document and it can be mailed to the Transfer Office, PO Box 2867, Honolulu, HI 96803.
Deed and Record will prepare the following transfer documents for your real estate property in Hawaii; Deed of Ownership, Deed of Quit, Deed of Real Estate, Deed of Warranty, Deed of Trust, Deed of Trust, Deed of Apartment, Deed of Spousal Transfer, Joint Owner Death Affidavit, and Trustee Death Affidavit.
To avoid a transfer tax, your transfer or transfer document must be accompanied by transfer tax form P64-B. Deed and Record prepares this form saving you hassle and money by avoiding transfer tax.
Deed and Record offers three ways to help you: online, by email, or by phone.
1. Online service at DeedAndRecord.com website.
2. Email [email protected]
3. Or call 949-474-0961 to apply over the phone.