Quiet Title Action Complaint and Lis Pendens (Hawaii)

COMPLAINT TO QUIET TITLE AND NOTICE OF PENDENCY OF ACTION (Hawai'i)

IN THE CIRCUIT COURT OF THE [______________] CIRCUIT, STATE OF HAWAI'I

Civil No.: [_______________________]

Judge: [_______________________]

COMPLAINT TO QUIET TITLE

COMES NOW Plaintiff, [PLAINTIFF NAME], by and through undersigned counsel, and pursuant to HRS §§ 669-1, 669-2, and 669-3, for cause of action against Defendants alleges and avers as follows:

I. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff is [☐ an individual residing in / ☐ a Hawai'i corporation / ☐ a limited liability company / ☐ a trust] [☐ with a principal residence at / ☐ with its principal place of business at] [________________________________________________].

2. Defendant [DEFENDANT NAME] is, upon information and belief, [☐ an individual residing at / ☐ an entity with its principal place of business at] [________________________________________________].

3. The "Doe" Defendants and the Heirs and Assigns of [_______________________] are joined because their true names, identities, and whereabouts are unknown to Plaintiff despite diligent search and inquiry. Plaintiff will amend this Complaint to allege their true names when ascertained.

4. This Court has subject-matter jurisdiction pursuant to HRS § 603-21.5 and HRS § 669-1.

5. Venue is proper in the [______________] Circuit pursuant to HRS § 603-36 because the real property at issue lies wholly or partially within said Circuit.

II. RECORDING SYSTEM

6. The Property is registered or recorded as follows (check one):

☐ Regular System — recorded with the Bureau of Conveyances of the State of Hawai'i.
☐ Land Court (Torrens) System — registered under HRS Chapter 501; Transfer Certificate of Title No. [_______________________].
☐ Double System — recorded in both systems.

III. THE PROPERTY

7. The real property that is the subject of this action (the "Property") is located in [______________] District, [______________] Tax Map Key Zone, Island of [______________], State of Hawai'i, and is more particularly described as follows:

Tax Map Key (TMK): ([____]) [____]-[____]-[____]:[____]

Legal Description:

[________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________]

Street Address (if any): [________________________________________________]

Source / Recording Reference:

• Regular System: Document No. [_______________________], recorded [__/__/____]; or Liber [______], Page [______].
• Land Court: Document No. T-[_______________________]; TCT No. [_______________________].

Land Commission Award / Royal Patent (if applicable):

• LCAw. No. [_______________________] to [_______________________]
• Royal Patent (RP) No. [_______________________]
• Apana No. [______]

IV. PLAINTIFF'S TITLE

8. Plaintiff claims title to the Property under and by virtue of (check all that apply):

☐ Warranty Deed from [_______________________] to Plaintiff, dated [__/__/____], recorded as Document No. [_______________________].
☐ Limited Warranty / Special Warranty Deed dated [__/__/____].
☐ Quitclaim Deed dated [__/__/____].
☐ Personal Representative's Deed under estate of [_______________________], Probate No. [_______________________], Circuit Court of the [______________] Circuit.
☐ Trustee's Deed under trust dated [__/__/____].
☐ Land Patent / Land Commission Award (LCAw. No. [______]) descending to Plaintiff by inheritance and recorded documentation.
☐ Adverse possession pursuant to HRS § 657-31 and § 657-31.5 (see Section V below).
☐ Other: [________________________________________________].

9. Plaintiff is [☐ in actual, open, exclusive possession of / ☐ a record co-owner of / ☐ entitled to possession of] the Property and has been so since [__/__/____].

V. ADVERSE POSSESSION ALLEGATIONS (if applicable)

10. Plaintiff and Plaintiff's predecessors in interest have been in actual, open, notorious, hostile, continuous, and exclusive possession of the Property under claim of right for a period of not less than twenty (20) years immediately preceding the filing of this Complaint, having entered into possession on or about [__/__/____].

11. The Property comprises less than five (5) acres, as required by HRS § 657-31.5(b), and consists of [______] acre(s) more or less.

12. Plaintiff (and Plaintiff's predecessors) has held the Property under a good-faith belief of ownership, as required by HRS § 657-31.5(a), based on [________________________________________________].

13. The acts evidencing such possession include: [☐ continuous residence on the Property / ☐ enclosure by fencing / ☐ cultivation / ☐ payment of property taxes / ☐ construction and maintenance of improvements / ☐ other: ____________].

VI. ADVERSE CLAIMS / CLOUDS ON TITLE

14. Defendants, and each of them, claim or appear to claim some right, title, estate, lien, or interest in the Property adverse to Plaintiff. The nature of the known adverse claims is as follows:

☐ Apparent record interest under deed or instrument recorded at Document No. [_______________________].
☐ Apparent interest as heir, devisee, or successor of [_______________________], a Land Commission awardee or Royal Patent grantee.
☐ Apparent mortgage, agreement of sale, or lien that has been satisfied or is barred.
☐ Apparent kuleana interest within or adjoining the Property (see Section VII below).
☐ Boundary line / overlap dispute concerning [________________________________________________].
☐ Easement, right-of-way, restrictive covenant, or CC&Rs recorded at Document No. [_______________________].
☐ Reservation of water, mineral, or shoreline access rights.
☐ Other: [________________________________________________].

15. Each said adverse claim is without merit or is no longer enforceable and constitutes a cloud upon Plaintiff's title.

VII. KULEANA, NATIVE HAWAIIAN RIGHTS, AND CULTURAL CONSIDERATIONS

16. Plaintiff acknowledges and represents that (check all that apply):

☐ The Property does not include or adjoin a kuleana parcel, Land Commission Award (LCAw.), or Royal Patent (RP), and is not subject to known appurtenant water rights, traditional and customary access rights, gathering rights, or other rights protected under Hawai'i Constitution art. XII, § 7, HRS § 1-1, HRS § 7-1, or HRS § 174C-101(c).

☐ The Property includes or adjoins kuleana parcel(s) or land(s) granted by LCAw. No. [_______________________] / RP No. [_______________________]. Plaintiff has identified and served all known descendants of the original awardee(s), and any judgment entered herein shall expressly preserve any traditional and customary Native Hawaiian rights to access, gathering, water, and religious practice protected by the Hawai'i Constitution and statutes.

☐ Plaintiff has consulted with [☐ the Office of Hawaiian Affairs / ☐ the Department of Hawaiian Home Lands / ☐ the Native Hawaiian Legal Corporation / ☐ a recognized cultural advisor / ☐ none of the foregoing] regarding any potential impact on Native Hawaiian rights.

17. Plaintiff requests that any decree entered herein expressly state that nothing in the decree shall be construed to extinguish or impair any constitutionally or statutorily protected Native Hawaiian rights as to non-parties.

VIII. TITLE EXAMINATION

18. Plaintiff has obtained a title search of the Property prepared by [_______________________] (title company / abstractor), certified through [__/__/____], a copy of which is incorporated herein by reference. The title search identifies the persons named as Defendants herein as the persons of record who may claim an interest adverse to Plaintiff.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays this Honorable Court:

A. Adjudge and decree that Plaintiff is the owner in fee simple of the Property described in this Complaint, free and clear of any right, title, estate, lien, or interest of Defendants;

B. Quiet title in Plaintiff as against the Defendants and all persons claiming by, through, or under them;

C. Cancel and remove as clouds upon Plaintiff's title each adverse claim, instrument, or interest identified herein, and direct the [☐ Registrar of the Bureau of Conveyances / ☐ Registrar of the Land Court / ☐ both] to give effect to the decree;

D. Expressly preserve and protect any traditional and customary Native Hawaiian rights of non-parties protected under Hawai'i Constitution art. XII, § 7, HRS § 1-1, HRS § 7-1, and HRS § 174C-101(c);

E. Permanently enjoin Defendants from asserting any claim or interest in the Property adverse to Plaintiff;

F. Award Plaintiff costs of suit, including title examination fees, recording fees, publication costs, and such other relief as may be allowed by law; and

G. Grant such other and further relief as the Court deems just and equitable.

Dated this [______] day of [_______________________], 20[____], at [______________], Hawai'i.

Respectfully submitted,

[________________________________________________]
[Attorney Name], Hawai'i Bar No. [______]
[Firm Name]
[Address]
[City, State, ZIP]
Telephone: [(___) ___-____]
Email: [_______________________]
Attorney for Plaintiff

VERIFICATION

STATE OF HAWAI'I )
) ss.
COUNTY OF [______________] )

I, [PLAINTIFF NAME], being first duly sworn upon oath, depose and state: I am the Plaintiff in the above-entitled action; I have read the foregoing Complaint to Quiet Title; and the contents thereof are true and correct to the best of my knowledge, information, and belief.

[____________________________________]
[PLAINTIFF NAME], Plaintiff

SUBSCRIBED AND SWORN to before me this [____] day of [_______________________], 20[____], by [PLAINTIFF NAME].

[____________________________________]
Notary Public, State of Hawai'i
Notary Identification No.: [_______________________]
My commission expires: [__/__/____]

NOTICE OF PENDENCY OF ACTION

(HRS § 634-51 [Regular System] and/or HRS § 501-151 [Land Court])

TO ALL PERSONS WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN, pursuant to HRS § 634-51 (and, where the Property is registered, HRS § 501-151), that an action affecting the title to and the right of possession of the real property described below has been commenced and is now pending in the Circuit Court of the [______________] Circuit, State of Hawai'i, styled:

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT(S) NAME(S)]; HEIRS AND ASSIGNS OF [_______________________]; and JOHN DOES 1-20, et al., Defendants, Civil No. [_______________________].

The object of the action is to quiet title in Plaintiff to the following described real property situate in [______________] District, Island of [______________], State of Hawai'i:

Tax Map Key (TMK): ([____]) [____]-[____]-[____]:[____]

Legal Description:

[Insert full legal description — must match Complaint]

[________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________]

Recording System: ☐ Regular System (Bureau of Conveyances) / ☐ Land Court (TCT No. [______]) / ☐ Double System

Street Address: [________________________________________________]

From the time of recording this Notice with the [☐ Bureau of Conveyances under HRS § 634-51 / ☐ Office of the Assistant Registrar of the Land Court under HRS § 501-151 / ☐ both], the pendency of this action shall be constructive notice to all subsequent purchasers and encumbrancers of the Property.

Dated: [__/__/____]; [______________], Hawai'i

[____________________________________]
[Attorney Name], Hawai'i Bar No. [______]
Attorney for Plaintiff

ACKNOWLEDGMENT

STATE OF HAWAI'I )
) ss.
COUNTY OF [______________] )

On this [____] day of [_______________________], 20[____], before me appeared [Attorney Name], to me personally known, who, being duly sworn, did say that [she/he/they] is the attorney for Plaintiff and that the foregoing Notice of Pendency of Action was executed as [her/his/their] free act and deed.

[____________________________________]
Notary Public, State of Hawai'i
My commission expires: [__/__/____]

SUMMONS

IN THE CIRCUIT COURT OF THE [______________] CIRCUIT, STATE OF HAWAI'I

[PLAINTIFF NAME], Plaintiff,
v.
[DEFENDANT(S)], et al., Defendants.

Civil No.: [_______________________]

TO THE ABOVE-NAMED DEFENDANT(S): [_______________________]

You are hereby summoned and required to file with the Court and serve upon Plaintiff's attorney, whose address is set forth below, an Answer to the Complaint, which is herewith served upon you, within twenty (20) days after service of this Summons upon you, exclusive of the day of service.

If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint.

This Summons shall not personally be delivered between 10:00 p.m. and 6:00 a.m. on premises not open to the general public, unless a judge of the above-entitled court permits, in writing on this Summons, personal delivery during those hours.

Plaintiff's attorney is:

[Attorney Name]
[Firm Name]
[Address]
[City, State, ZIP]
Telephone: [(___) ___-____]

DATED: [______________], Hawai'i, [__/__/____]

[____________________________________]
Clerk of the above-entitled Court

(SEAL)

A failure to obey this summons may result in an entry of default and default judgment against the disobeying party.

ORDER GRANTING MOTION FOR SERVICE BY PUBLICATION

(HRCP Rule 4(e); HRS § 634-23)

IN THE CIRCUIT COURT OF THE [______________] CIRCUIT, STATE OF HAWAI'I

[PLAINTIFF NAME], Plaintiff, v. [DEFENDANT(S)], et al., Defendants.

Civil No.: [_______________________]

SUMMONS BY PUBLICATION

TO: [_______________________], and the heirs, devisees, and assigns of [_______________________], deceased, and all persons unknown claiming any right, title, estate, lien, or interest in the Property described below:

You are hereby notified that on [__/__/____], Plaintiff [PLAINTIFF NAME] filed a Complaint in the Circuit Court of the [______________] Circuit, State of Hawai'i, Civil No. [_______________________], the object of which is to quiet title in Plaintiff to the following described real property in [______________] District, Island of [______________], State of Hawai'i:

TMK: ([____]) [____]-[____]-[____]:[____]

[Insert full legal description]

[________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________]

You are required to file with the Court and serve on Plaintiff's attorney an Answer within twenty (20) days after the last date of publication of this Summons, or default judgment may be entered against you and the relief demanded in the Complaint granted.

Plaintiff's attorney is:

[Attorney Name]
[Firm Name]
[Address]
Telephone: [(___) ___-____]

DATED: [______________], Hawai'i, [__/__/____]

[____________________________________]
Clerk of the Court

DECLARATION FOR SERVICE BY PUBLICATION

I, [Declarant Name], declare under penalty of perjury under the laws of the State of Hawai'i:

1. I am [☐ Plaintiff / ☐ attorney for Plaintiff] in the above-captioned action.

2. After diligent search and inquiry, I have been unable to ascertain the present residence or whereabouts of Defendant(s) [_______________________], and/or the identities of all heirs of [_______________________].

3. The diligent search included: [☐ Bureau of Conveyances and Land Court records / ☐ County Real Property Tax Office records / ☐ Probate Court records / ☐ Office of Hawaiian Affairs genealogical resources (where appropriate) / ☐ skip-trace and Internet searches / ☐ inquiry of last known relatives / ☐ U.S. Postal Service forwarding-address inquiry / ☐ other: ____________].

4. Service by publication pursuant to HRCP Rule 4(e) and HRS § 634-23 is necessary.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [__/__/____], at [______________], Hawai'i.

[____________________________________]
Declarant

EXHIBITS

• Exhibit A: Plaintiff's deed(s) constituting chain of title
• Exhibit B: Title search / title report covering both Regular System and Land Court records
• Exhibit C: Tax Map Key plat and tax payment history
• Exhibit D: Land Commission Award / Royal Patent documentation (if applicable)
• Exhibit E: Cultural / kuleana impact assessment (if applicable)
• Exhibit F: Survey by a Hawai'i Licensed Surveyor

PRACTICE NOTES (Hawai'i)

• Court: Circuit Court of the Judicial Circuit where the land lies. Cases involving Land Court (Torrens) property may also implicate the Land Court's specialized jurisdiction.
• Dual recording system: Hawai'i's "Regular System" (Bureau of Conveyances under HRS Chapter 502) gives only constructive notice; the "Land Court" (Torrens under HRS Chapter 501) confers conclusive title. Double-System parcels must be addressed in both systems. Confirm the correct system for the subject parcel before drafting.
• Bureau of Conveyances: Located at 1151 Punchbowl Street, Room 120, Honolulu, HI 96813. Document numbers follow specific formats by year/system (Regular System pre-1990: Liber/Page; 1990-2011: year+document number; 2012-7/31/2024: 8-digit; 8/1/2024-present: 10-digit; Land Court: "T-" plus up to 7 digits).
• Adverse possession is sharply restricted: Under HRS § 657-31.5, adverse possession may not be claimed in connection with parcels of five (5) acres or more, and the claimant must have a good-faith belief of ownership. Quiet title actions based purely on adverse possession have been the subject of sustained criticism and reform in Hawai'i, particularly where they extinguish kuleana interests.
• Kuleana and Native Hawaiian rights: The Hawai'i Constitution (art. XII, § 7), HRS § 1-1, HRS § 7-1, and HRS § 174C-101(c) protect traditional and customary rights, gathering rights, and appurtenant water rights. Quiet title decrees must expressly preserve such rights as to non-parties. PASH v. HCPC, 79 Haw. 425 (1995); Ka Pa'akai O Ka 'Aina v. LUC, 94 Haw. 31 (2000).
• Mahele records: Kuleana parcels and Land Commission Awards from the Mahele (1848-1855) often have fractional, undivided interests passing through many generations of unrecorded heirs. Genealogical research and joinder of all known heirs is essential; the Office of Hawaiian Affairs and Native Hawaiian Legal Corporation are common resources/intervenors.
• Notice of Pendency of Action: HRS § 634-51 (Regular System) and HRS § 501-151 (Land Court) are both equivalent forms of lis pendens; for Double-System parcels, record in both. Knauer v. Foote, 101 Haw. 81 (2003).
• Service by publication: HRCP Rule 4(e) and HRS § 634-23; requires court order on motion + declaration of diligent search; four weekly publications.
• Conveyance tax / forms: P-64A or P-64B not required for a lis pendens, but recording fees and document-format requirements (HRS § 502-31) must be met.
• Mediation: Hawai'i strongly encourages mediation of land-title disputes, particularly those involving Native Hawaiian cultural interests; the Mediation Center of the Pacific and the Native Hawaiian Mediation Program offer services.

SOURCES AND REFERENCES

• HRS § 669-1 — Object of quiet title action
• HRS § 669-2 — Defendants; service
• HRS § 669-3 — Judgment in quiet title
• HRS § 657-31 — Adverse possession (20 years)
• HRS § 657-31.5 — Limitation on adverse possession actions (parcels under 5 acres; good-faith belief)
• HRS § 634-51 — Notice of pendency of action (Regular System)
• HRS § 501-151 — Notice of pending action (Land Court)
• HRS § 634-23 — Constructive service
• HRS Chapter 501 — Land Court / Torrens System
• HRS Chapter 502 — Bureau of Conveyances / Regular System
• Hawai'i Constitution, art. XII, § 7 — Native Hawaiian traditional and customary rights
• Public Access Shoreline Hawaii v. HCPC, 79 Haw. 425 (1995)
• Ka Pa'akai O Ka 'Aina v. LUC, 94 Haw. 31 (2000)
• Maui Land & Pineapple Co. v. Infiesto, 76 Haw. 402 (1994)
• Knauer v. Foote, 101 Haw. 81 (2003) (lis pendens in Hawai'i)
• Bureau of Conveyances: dlnr.hawaii.gov/boc
• Native Hawaiian Legal Corporation: nativehawaiianlegalcorp.org