Hawaii is the only state in the nation with a single registry office in the entire state. 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 record found in the other states. The Land Court issues title certificates to landowners. Property at Land Court is guaranteed by the State of Hawaii.
Due to the confusion in determining land ownership and similar names, the Land Court was established in 1903 and functions as a registry system for land ownership. Those who place their property in Land Court have gone through a lengthy process of judicial review of the parcel survey, title summary, and property determination. With the possibility of obtaining title insurance on land ownership, the need for a judicial determination of ownership has greatly diminished.
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 they are registered in both ground systems, the documents are said to be registered in the “Double” system.
To determine whether a transfer deed should be filed in the Land Court, the Regular System or the Dual System (both), the easiest way is to look at the deed by which the property was acquired. The recording information would be displayed on the first page of the document. If the recording information (label) is in the upper left, the document was registered in Land Court. If the information is in the upper right, the instrument was registered in our Regular system. If the document reflects two sets of numbers, it would be considered a double system recording.
Maintaining an accurate, timely, and permanent registration system for real property title is the responsibility of the Hawaii State Office of Transmissions. The regular documents of the system are registered in the Registry of Transmissions in the Office of Transmissions. Land Court documents are registered in the Land Court Assistant Clerk’s Office, located in the Broadcasting Office. Recording 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 over 20 pages will be charged an additional dollar per page after 8pm.
Unlike mainland jurisdictions, the Transmissions Office does not provide pre-printed deed forms. Transportation documents must be accompanied by the appropriate transportation tax form, P64-A or P64-B. (P64-B is for transfers without money exchange. For example, trust transfer deeds, resignation claim deeds, transfers between spouses). A $ 25 registration fee is required for the document and can be mailed to the Office of Transmissions, PO Box 2867, Honolulu, Hawaii 96803.
Deed and Record will prepare the following transfer documents for your real estate in Hawaii; deed of ownership, deed of resignation, deed of real property, deed of guarantee, deed of trust, deed of trust, apartment deed, spouse transfer deed, co-owner’s death affidavit, and trustee’s death affidavit.
To avoid a transfer tax, your transfer or transfer document must be accompanied by the transfer tax form P64-B. Deed and Record prepares this form to save 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 on the DeedAndRecord.com website.
2. Email [email protected]
3. or call 949-474-0961 to apply by phone.