Haw. R. Land. Ct. 26
Any owner of a lot or tract of land registered in the land court bounded by the sea may personally or by someone duly authorized on the owner's behalf seek to register title to the natural accretion thereto and/or may seek to have the oceanfront boundary corrected to reflect erosion by filing a petition that substantially complies with LD Form D, as shown in the Appendix of Forms and submitting the petition electronically, or conventionally if the petitioner is not required or qualified to file electronically, in the following form below:
COMES NOW __________________ and respectfully shows:
That said natural person petitioner is the owner of Lot ______ of the above Application covered by Transfer Certificate of Title No. ________, and that since the title to said lot was originally registered there has been a gradual and natural accretion to said lot [and/or there has been natural erosion to the lot] so that the boundary along high-water mark as of ______________ is as shown on the map prepared by ______________, and filed herewith.
That no other person has any interest in the said accretion, and that the following named are all the adjoining owners, the location of whose lands in reference to the said accretion [and/or erosion] is as shown by map attached hereto:
(Names and addresses)
WHEREFORE, it is prayed that said map be referred to the state land surveyor for check and report, that notice of this petition be served on the Attorney General and all adjoining owners and any others the Court map deem necessary and proper to be served, and that upon approval of the map by the said surveyor and due proof of matters contained herein, the Court adjudge the petitioner to be the owner of said accretion [and/or decree correction of the oceanfront boundary to reflect erosion], approve said map and order the Assistant Registrar of the Land Court to endorse on said Certificate a memorandum of the Decree so adjudging and approving said map.
DATE: (etc.)
(OATH) (Signature)
Said petition shall be signed by the petitioner's counsel, orby the petitioner if the petitioner is self-represented or bysomeone duly authorized on the petitioner's behalf.
The petition shall be accompanied by a map.
Sufficient copies of the petition and map shall be filed to serve copies thereof on the state land surveyor, the attorney general and all of the adjoining owners and any other party which the petition may show to be interested.
Upon filing of the petition, the registrar shall forward a certified copy thereof and the map to the state land surveyor, who shall check the accretion and/or erosion on the ground. The state land surveyor shall, in addition to making the usual return on the accuracy of the map, report to the court whether, in the state land surveyor's opinion, the accretion and/or erosion is or is not natural accretion and/or erosion. The state land surveyor shall transmit to the attorney general a copy of the state land surveyor's return to the court.
After the return of the surveyor has been filed with the court, the registrar shall serve certified copies of the petition and map upon the attorney general, the adjoining owners and such other parties as the court may deem to be interested.
Such service shall be by registered mail or electronic mailif the receiving party has previously consented with return receipt requested or by personal service if the court so directs. The return date shall be not less than 1 week in case of personal service and not less than 2 weeks in case of service by mail.
In lieu of service, the petitioner may secure and file written disclaimers from the attorney general and the adjoining owners or they may join in the petition waiving notice.
Where notices have been served and a return date set and no answers have been filed or appearances noted before or on said return date, the court may enter a general default and immediately file the court's decision if the surveyor has filed a return recommending the registration of said accretion and/or correction of oceanfront boundary.
Where appearances have been noted, the court will grant persons so appearing a reasonable time within which to file an answer. When answers have been filed, the court shall set the case for speedy disposition.
Where the court grants such petition on the record, the court's decision and decree shall be in substantially the following form:
FINDINGS OF FACT AND DECISION
The records show that the petition of ______________ for registration of title to accretion to Lot ______ and/or correction of boundary to reflect erosion of Lot ______, as shown on Map ______ of the above application, being the lot, or one of the lots, described in Certificate of Title ______ issued to the petitioner, was filed on ____________, 20____, and it, together with the map showing such accretion and/or erosion filed with said petition, was referred to the State Land Surveyor, who has approved said map and found said accretion and/or erosion to be natural; that due notices were served on the Attorney General, the adjoining owners and all other interested parties as required by law and the rules of this Court and that no answers have been filed or appearances noted; therefore the Court finds:
A decree shall be entered in conformity herewith and the Assistant Registrar of this Court is authorized and directed to endorse on said certificate of title a reference to said decree.
DATED: Honolulu, Hawai'i, ____________, 20____.
____________________________
Judge of the Land Court
of the State of Hawai'i
DECREE
In conformity with the Decision entered herein on ____________, 20____, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
DATED: Honolulu, Hawai'i, ____________, 20____.
____________________________
Registrar of the Land Court
The decree shall be filed in triplicate with the registrar who shall immediately transmit a certified copy thereof and the map filed with the petition to the state land surveyor who shall thereupon place on the map the following certificate:
I hereby certify that Decree re-establishing high-water mark as of ______________, 20____, of new Lot ____ of the herein application has been noted on Owner's Transfer Certificate of Title No. ____________.
Honolulu, Hawai'i, ______________, 20____.
____________________________
Registrar of the Land Court
Upon procuring the signature of the registrar thereto, the surveyor shall forward the map with the surveyor's return to the court, together with as many prints as may be required. The registrar shall thereupon transmit a certified copy of the decree, the transfer certificate of title, the map and one print thereof to the assistant registrar of the land court for compliance with said decree.
Haw. R. Land. Ct. 26