The assistant registrar shall enter a new certificate upon any transfer of an estate in fee simple from the owner or someof the registered owners. All interests in registered land less than an estate in fee simple shall be registered by recording with the assistant registrar the instrument creating or transferring or claiming such interest, and by a brief memorandum thereof made by the assistant registrar upon the certificate. When land is transferred in fee, the grantor or grantee may record the instrument of transfer with the assistant registrar. The assistant registrar shall thereupon, in accordance with the rules and instructions of the court, enter a new certificate in the name of the grantee, and upon certification by the assistant registrar, a certification date shall be noted on the certificate. Any outstanding duplicate certificate shall be surrendered, and the word "canceled" stamped upon it. The instrument of conveyance shall be indorsed with the number of the certificate of the land conveyed, provided that the assistant registrar may limit the number of lots covered by any one certificate. A new certificate shall be entered in the following cases:
(a) Conveyance of Fee.When an owner desiring to convey in fee registered land or any portion thereof executes a deed of conveyance, made in compliance with this Part, which the owner or the grantee records with the assistant registrar;(b) Portion of Registered Fee. When a deed in fee is for part only of the land described in a certificate, the assistant registrar may enter a new certificate to the grantor for the part of the land not included in the deed, or enter on the grantor's certificate a memorandum of the deed of transfer;(c) Foreclosure by Action. When a certified copy of the final judgment of the circuit court confirming the sale which contains the proper number of the certificate affected and also contains or has endorsed upon it a full memorandum of all encumbrances affecting the land, if any, or a statement that there are no outstanding encumbrances affecting the land, is recorded with the assistant registrar, pursuant to Hawai'i Revised Statutes, Section 667-1.5; (d) Foreclosure Under Power of Sale. When the affidavit required by Hawai'i Revised Statutes, Section 667-32 is recorded with the assistant registrar pursuant to Hawai'i Revised Statutes, Section 667-33, and the purchaser records the conveyance document pursuant to Hawai'i Revised Statutes, Section 667-33, and such conveyance document contains the proper number of the certificate of the land affected and also contains or has endorsed upon it a full memorandum of all encumbrances affecting the land, if any, or a statement that there are no outstanding encumbrances affecting the land, under the power of sale;(e) Subdivisions. When land is subdivided or when 2 or more parcels of land are consolidated, or consolidated and resubdivided, a new certificate will be entered when the assistant registrar (at the request of the owner) determines that such would be clearer, but not otherwise;(f) New Trustee. When a new or successor trustee is appointed by any court or otherwise, provided that the assistant registrar may, instead of entering a new certificate to a new or successor trustee, make a memorandum of such appointment on the certificate issued in the name of the existing or prior trustee;(g) Enforcement of Lien. When land has been sold on any execution, or taken or sold for the enforcement of any lien of any description, the person claiming under an execution or under any deed or other instrument made in the course of proceedings to levy the execution or enforce the lien, petitions the court for the entry of a new certificate and the petition is granted;(h) Bankruptcy Proceedings. When a trustee in bankruptcy records a certified copy of either the petition in bankruptcy (the schedules may be omitted), or the decree of adjudication of bankruptcy, or the order approving the trustee's bondwhich contains the proper number of the certificate affected and also contains or has endorsed upon it a full memorandum of all encumbrances affecting the land, if any, or a statement that there are no outstanding encumbrances affecting the land, the new certificate shall state that it is issued to the trustee in bankruptcy;(i) Descent and Devise, Testate. When the owner of registered land dies having devised the same by will and the person or persons entitled thereto records with the assistant registrar a correct statement containing the full names of the devisees, the devisees' addresses, marital status, and, if married, the full names of the devisees' spouses, and a reference to the number of the certificate affected, and records a certified copy of the will, a certified copy of an order of the circuit court admitting it to probate or a certified copy of the written statement of the registrar of the circuit court admitting it to informal probate, and a certified copy of an order of the circuit court determining the persons entitled to distribution of the land;(j) Descent and Devise, Intestate. When the owner of registered land dies not having devised the same by will, the person or persons entitled thereto records with the assistant registrar a correct statement signed by the person's attorney of record and containing the full names of the heirs, the heirs' addresses, marital status, and, if married, the full names of the heirs' spouses and a reference to the number of the certificate affected, and records a certified copy of the judgment of the circuit court determining the heirs or a certified copy of an order of the circuit court determining the persons entitled to distribution of the land;(k) Personal Representative's Deed.(1) Upon recordation of a conveyance document executed by a personal representative to heirs and devisees who are entitled to the estate in accordance with the terms of the probated will or the laws of intestate succession;(2) Upon recordation of a conveyance document executed by a personal representative if the personal representative is authorized by the terms of any will to grant, bargain, sell, convey, mortgage, or otherwise deal with the land, before any instrument executed by the personal representative, pursuant to such authority, is recorded with the assistant registrar, there shall be first recorded a certified copy of the order of the circuit court admitting the same to probate or a certified copy of the written statement of the registrar of the circuit court admitting it to informal probate, and a certified copy of the letters, on which shall be listed all orders of the circuit court relating to the personal representative's authority to grant, bargain, sell, convey, mortgage, lease or otherwise deal with the property and a certified copy of each such order;(l) Eminent Domain. Whenever any land is taken by eminent domain, the state or body politic or corporate or other authority exercising the right shall record with the assistant registrar a description of the land so taken, giving the name of each owner thereof and referring by number to each certificate affected. A new certificate may be issued in the name of the owner for the land remaining to the owner after the taking;(m) Reverter of Land. When for any reason, by operation of law, land which was taken for a public use reverts to the owner from whom it was taken or to the owner's heirs or assigns, the court, upon the petition of the person entitled to the benefit of reversion, after notice and hearing, shall orderthe entry of the new certificate in the owner's name;(n) Discharge of Proceedings in Bankruptcy. If a new certificate has been entered to the trustee in bankruptcy, the debtor is entitled to the entry of a new certificate in the owner's name, the court of bankruptcy orders a reconveyance of land to the debtor, and a certified copy of the order or decree is recorded;(o) Conveyance of Real Property Upon Merger or Consolidation of Corporations or Other Entities. Whenever any domestic or foreign corporation, limited liability company or other entity having any real property in the state merges or consolidates with another domestic or foreign corporation, limited liability company or other entity, and a certified copy of the merger or consolidation agreement, referring by number to each certificate of title affected, together with a certificate of any duly authorized official of the jurisdiction under the laws of which the surviving or consolidated corporation, limited liability company or other entity is organized, that the merger or consolidation has been effected in accordance with the laws of the jurisdiction, is recorded; and(p) Partition. When, after the entry of the final judgment of partition and the acceptance of the report of the commissioners, if any, a certified copy of the judgment and of the return of the commissioners, referring by number to each certificate of title affected, is recorded with the assistant registrar, if the land is ordered by the court to be sold, the purchaser or the purchaser's assigns may present the deed of the commissioners for recordation; provided that any new certificate entered in pursuance of partition proceedings, whether by way of set-off or of sale, shall contain a reference to the final judgment of partition. The certificate's conclusive effect as to title shall be as provided by law (see Hawai'i Revised Statutes, Section 501-156).Amended November 6, 2019, effective 11/17/2019.