Term 1 of 72
Chp. 1 History and Development of Hawaii Real Estate
State Land Use Commission (LUC) classified all lands in the State into 4 land use districts
1. Easement in Gross
2. Easement Appurtenant
1. Urban
2. Agricultural
3. Rural
4. Conservation
1. Freehold Estates
2. Leasehold Estates
- Lands in the existing forest and water reserve zones
- State administers
,Term 2 of 72
Chp. 5 Easements, Restrictions, and Adverse Possession
6 Creation of Easements
1. Express grant or reservation (deed)
2. Implied grant or reservation
3. Prescription
4. Condemnation
5. Necessity
6. Dedication
1. Hostile or Adverse
2. Actual, Open, and Notorious
3. Exclusive
4. Continous
5. Under Claim of Right
1. Covenants: performance or non-performance of certain acts relating to ownership of
land
2. Conditions
Right or interest in land, possessed by a stranger to the title, which diminishes the value or
use of the owner's estate therein
,Definition 3 of 72
1. Right to eminent domain (right to seize property with for public use/good, fair compensation)
2. Escheat (right of State to seize land after 15 years to claim abandoned land)
3. Taxation (right of government ti tax real estate to support itself)
4. Police Power (right to regulate land use through zoning or city planning
Chp. 4 Estates and Interests in Real Property
2 types of Fee Simple Defeasible
Chp. 4 Estates and Interests in Real Property
Fee Simple- 4 Government Limitations
Chp. 4 Estates and Interests in Real Property
a) Fee simple, Fee, Fee Simple Absolute
Chp. 4 Estates and Interests in Real Property
i. Fee simple condition subsequent
, Term 4 of 72
Chp. 5 Easements, Restrictions, and Adverse Possession
3. Prescription
- Those that affect the physical condition or the use of property (easements, restrictions,
and encroachments)
- Those that affect the title (liens; mortgage liens, tax liens, or judgements)
- The possession of land must be exclusive to the party making the claim and not shared
with owner
- When easement is absolutely necessary to the reasonable use of a piece of property
- The servient is one providing easement, and will decide where to locate it.
- Dominant will have right to easement
- Right to easement in the land of another by use for a continuous period of time
- "Prescriptive Period"
- Similar to adverse possession
- 20 years
Term 5 of 72
Chp. 2 Land, Land Elements, and Water
Q: Rose Bush and Hedges planted?
Claim Against Property By A Party That Is Not The Owner
Land
Real Property
Real Estate
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