Quick FAQ: How to start confirming legal ownership of a portion of land in Hawaii
Short answer (first step): identify the property precisely (parcel identifier or legal description) and run a title/record search at Hawaii’s Bureau of Conveyances and, if applicable, the Land Court. That search will show recorded deeds, mortgages, transfers, and whether the parcel has a Land Court certificate of title.
Detailed answer — what that first step looks like and why it matters
When you want to determine who legally owns a portion of land that belonged to your grandfather, the single most important first action is to locate the official recorded description of the parcel and then search the official public records where ownership documents are kept.
Why this matters: ownership in Hawaii depends on the recorded chain of title (deeds, transfers, probate documents, and Land Court certificates). Finding the recorded instruments tells you whether title passed to heirs, was deeded away, or remains subject to probate or other claims.
Step-by-step for the first step
- Gather any available family documents. Look for deeds, the grandfather’s last will, probate paperwork, old property tax bills, mortgage statements, or closing papers. These often contain the legal description or a tax map key (TMK) number that identifies the parcel precisely.
- Identify the parcel precisely. If you have a street address, TMK, or an old deed, note the land’s legal description or TMK. County assessor/tax maps use TMKs (Tax Map Key) and are searchable on county websites.
- Search the Bureau of Conveyances (and Land Court) records. The State of Hawaii maintains land records through the Land Court (for registered titles) and the Bureau of Conveyances (for recorded instruments). Use the Bureau of Conveyances / Land Court office to look up recorded deeds, transfers, mortgages, and any Land Court certificate of title. These records show who is on record as owner and list recorded transfers that affect ownership. Start at the official office pages: Hawaii DCCA — Bureau of Conveyances / Land Court.
- Check the county assessor / tax office. County property tax records and GIS maps can confirm the current owner listed for tax purposes and show parcel boundaries. Use the county where the land is located to access assessor records and maps.
- If you cannot find recorded transfers, check probate records. If your grandfather died owning the property and title did not pass by a recorded deed or Land Court title, the property may have been administered through probate. Check probate filings in the circuit court for the county where the decedent lived or where the land is located. Probate records can show how title was transferred to heirs or a named devisee.
How these searches resolve common scenarios
- If the parcel is under Land Court registration, the certificate of title is conclusive evidence of ownership; Land Court records are on file with the Bureau of Conveyances’ Land Court section.
- If the parcel is recorded only in the Bureau of Conveyances, ownership rests on the chain of recorded deeds and other instruments (deeds, probate transfers, affidavits, etc.).
- If there is no recorded transfer after your grandfather’s death and the property was part of his estate, the county probate records will show who inherited or received the property under a will or under intestacy laws.
When to move beyond the first step
After you complete the initial records search, you may discover:
- Clear recorded ownership — you can obtain certified copies of deeds or Land Court certificates and proceed with title transfer steps if needed.
- Conflicting records or gaps in the chain of title — you may need a professional title search, a title insurance company review, or an attorney to resolve conflicts.
- Probate issues or missing heirs — you may need to open or consult probate files to determine legal successors.
- Boundary disputes or adverse possession claims — resolving these often requires surveys and possibly litigation.
Useful official links
- Hawaii DCCA — Bureau of Conveyances / Land Court: https://cca.hawaii.gov/boc/
- Hawaii State Legislature — Hawaii Revised Statutes (general statutes site): https://www.capitol.hawaii.gov/
- County assessor or tax office (search for island-specific assessor / tax maps): visit your county’s official site to find TMK search and GIS maps.
Disclaimer
This is general information to help you take the first steps. This is not legal advice. For a binding determination of ownership, specific legal guidance, or if records are unclear or contested, consult a licensed Hawaii attorney experienced in real estate, probate, or title matters.
Helpful hints
- Start with any document that includes the legal description or TMK — that makes searches far faster and more accurate.
- If you only have a street address, use the county assessor’s site to find the TMK and then use that TMK for records searches.
- Request certified copies of deeds or Land Court certificates when you find relevant instruments — these are often required for legal steps or transfers.
- Be aware of fees and turnaround times for certified copies, probate records, and county map searches.
- Consider a professional title search or a real estate attorney if you encounter: missing links in the deed chain, multiple conflicting deeds, or the property was never transferred out of the decedent’s name.
- If the property was conveyed many decades ago or across generations, check for recorded wills, affidavits of heirship, or probate orders that might have transferred title.
- If the parcel appears in Land Court, that title system simplifies proof of ownership — start with the Land Court index at the Bureau of Conveyances.
- Keep clear records of all searches and copies you obtain — they form the evidence you’ll need for any next steps (sale, partition, quiet title, probate).