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Hawaii Deed Forms – Quit Claim, Warranty, and Special Warranty

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Hawaii deeds come in different forms depending on the circumstances and need for the transfer of real estate in Hawaii. Deeds are used to convey property from a seller to a buyer, otherwise known as a grantor and grantee and they are recorded at the Hawaii Bureau of Conveyances. Deeds include the names of the buyer (grantee) and seller (grantor) and a legal description of the property. The deeds also must be acknowledged by a notary public before they are recorded. In order to better understand what you are buying, it is recommended that you have a thorough title or property search completed in order to ascertain any issues with the title.

Laws – Chapter 13-16 (Rules Relating to Conveyances)

Recording (§ 13-16-4) – Must be submitted to the Hawaii Bureau of Conveyances with the required Recording Fees.

Signing (§ 13-16-8) – All deeds must be acknowledged by a Notary Public.

Deeds By Type

General Warranty – Provides for a real property transfer with a guarantee by the seller that the property he is transferring is owned by him free and clear of title issues and he had the legal right and authority to transfer the property.

Quit Claim – Provides no guarantee from the seller. That means that the seller is merely transferring the interest that he has, if any, and by doing so is not making any claim that he has a clear title or the authority to transfer. It makes sense to complete a title or property search to know what interest the seller holds in the property.

Special Warranty – Somewhere in-between a general warranty and a quit claim. There is a limited warranty that the title that is being passed has not be “encumbered” since the seller has owned the property. But there is no guarantee as to any transfers that occurred before seller bought the property.

Hawaii Property Search

A property or title search is done when there is a transfer of real estate. It provides the seller and buyer with information as to any issues with the title, such as mortgages that have not been discharged, or easements that were not known or transfers that took place in the past. In Hawaii, land records are recorded and kept at the Bureau of Conveyances and can be accessed online or in person. If you access the documents online, there are subscription and documents fees. The following is the process for accessing land title information online:

Step 1 – Go to the Hawaii Board of Conveyances website.

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Step 2 – Click on “Online Services“.

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Step 3 – For non-commercial use, click on “Document Search and Ordering System“. You will be brought to this page:

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Step 4 – Click whether or not you are searching for a grantor or grantee. You will want to go backwards and start with the deed given to your seller, therefore he or she would be the grantee in that situation. Then type in the last name and first name. You will be brought to a validation page such as the following:

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Step 5 – Enter in the correct validation code and you will go to a page of document hits such as the following:

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Step 6 – Click on the document you are interested in and you will go to a page like this where you can choose electronic delivery or mail delivery and you can add it to your “cart”:

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Step 7 – You will be brought to a page similar to this where you can click on continue search or check out.

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