In real estate transactions, documents affecting real estate are usually recorded to provide a traceable chain of title. For real estate transactions in Hawaii, there are two separate real property recording systems: the Torrens, or the Land Court, and the Regular system. Read on to learn more.
What does the Land Court real estate recording system entail?
With this type of real estate transaction, the state guarantees the title of the land as well as its ownership to the rightful owner. The Land Court issues a certificate of title after the completion of the registration. This is important because it identifies the owner of the property as well as its encumbrances, such as mortgages and other similar contracts.
How about the Regular real estate recording?
In this system, there is no official certification or issuance by any public authority in Hawaii. In fact, it functions more like a filing system. The real estate is typically transferred by a deed, and the document serves as proof of ownership. It becomes part of a public record, which means everyone can see it in real property tax assessment records or real properties at the Bureau of Conveyances office.
Hawaii’s dual system
In Hawaii, real estate transactions are usually recorded in either the Regular or Torrens systems. You can also record your transaction in both systems, which is dual-system recording. Records of real estate transactions are both created and kept by the Bureau of Conveyances in both real property recording systems. Usually, you will use one or the other depending on what your transaction entails. The Bureau of Conveyances, whose location is Honolulu, manages both recording systems.
Dual real estate recording in Hawaii is possible for real estate transactions involving real property with multiple owners.
If you’re just hearing about the dual recording system for the first time, you may be wondering how to go about the actual process. Fortunately, the Bureau of Conveyances provides free assistance for those who want to record real properties in either or both systems.