Haw. Rev. Stat. § 501-132

Current through Chapter 253 of the 2024 Legislative Session

Section 501-132 - Powers to be noted on certificate; construction for court

If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage, or deal with the land in any manner, the power shall be stated in the certificate of title by the words "with power to sell" or "with power to mortgage", and by apt words of description in case of other powers.

No instrument transferring, mortgaging, or in any way dealing with registered land held in trust shall be registered, unless the power thereto enabling is expressly conferred in the instrument of trust, or unless the judgment of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of the judgment may be filed or recorded with the assistant registrar who shall make registration in accordance therewith.

HRS § 501-132

L 1903, c 56, §66; RL 1925, §3255; RL 1935, §5065; RL 1945, §12665; RL 1955, § 342-65; HRS § 501-132; am L 1972, c 91, §1(w); gen ch 1985; am L 1986, c 246, §12

Rules of Court

Transfer in trust, see RLC rule 61.