How to Access Property Records in Hawaii

What Information Can You Find in Hawaii Property Records?

A property history search can unveil vast amounts of interesting information about real property or its owners. You may be surprised at the details you find. Be sure to get all the records possible to see the entire story.

Some of the things that a property history search may reveal include:

Deeds and Conveyance Records

Deeds are the most common type of property record, and most people have heard of them. They transfer ownership of the property and verify the title. If you ever have to prove that you owe a piece of property, you can use the deed to do so.

All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:

• Name of the Seller/Grantor and Buyer/Grantee.
• A detailed description of the property.
• Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
• Conveyance language explaining the ownership transfer from one person or entity to another.
• Notarization and execution are at the bottom, where everyone signs to make it legal.

Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.

Property Tax Records

Anyone who owns property in Hawaii must pay annual property taxes on it. These taxes pay for schools, road maintenance, emergency services like fire, police, and EMTs, and government officer salaries.

The Real Property Tax Division in Hawaii is responsible for assessments, billing homeowners, and collecting taxes. It also imposes liens if homeowners fail to pay their share. Hawaii has the lowest taxes in the country, with an average effective tax rate of 0.27%. Despite the low tax rate, the medium tax payment for most homeowners is $1,971. That is due to the high prices of homes. The median home price in Hawaii is $772,500.

The following information is present in a tax document in Hawaii:

• Assessment Details - This document shows the property's assessed value. The exact amount is essential for calculating the property tax owed for the year.
• *Tax Rates - Different areas have different tax rates based on various factors. Therefore, the document should show the yearly tax rate used to calculate the tax owed.
• Property Details - The document must show the property under assessment and taxation. Property details may include the owner's name to show who is liable for unpaid taxes.
• Tax Payment History - Property tax payments are usually divided into small payments. Therefore, the document should show a list of contributions made to taxes and when they were made. The section may also show any existing balances.
• Exemptions - Some properties fall under exemptions that should appear in the tax record.

How Often is Property Tax in Hawaii Assessed?

Property tax in Hawaii assessment is done annually. However, the exact time differs per county or city. For example, the city of Honolulu conducts real property tax assessments around December 15th. Each county has local tax assessors who value the properties, considering factors such as market conditions, property size, and improvements. While every assessor has a different process for conducting assessments, the basic process is as follows:

• Property Inspections - County assessors conduct period inspections to gather information about their location, size, condition, and improvements.
• Valuation - The assessors then determined the value based on various factors such as income generated, property sales, characteristics, and comparable sales.
• Assessment Notice - Assessors must send an assessment notice to the owner to inform them of any changes from the previous assessment.
• Review and Appeal - Homeowners can appeal a tax-assessed value if the value exceeds 10% of the home's market value. Other instances that qualify for appeal include lack of uniformity brought by the illegality of methods used, denial of an exemption entitled to the taxpayer, and any illegality against the state laws.
• Tax Calculation - Once the appeal process is completed, the assessor determines the payable taxes and presents the tax record to the property owner.

Building Permits and Regulations in Hawaii

City officials handle building permits in Hawaii. Each city has a process for applying for a building permit before beginning work. The County of Hawaii in the state of Hawaii offers more information on this topic.

Property Liens and Encumbrances in Hawaii

Liens are encumbrances that negatively affect a piece of real property and its owners. Too many liens can lower the property's value and ruin the owner's financial reputation. Liens appear in public property records. There are two types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are those over which you have control. When you decide to use your home as collateral for a loan, you allow the lender to place a lien on the property until it is paid off. If you default on the loan, the lien allows the lender to foreclose and sell the house to get their money back.

• Mortgage Liens - Anyone who borrows money will have a mortgage lien on their house. These are not necessarily bad. However, the lender will foreclose and take the house if you do not pay your mortgage for three months or more.

  The following sections are usually present in a standard mortgage document in Hawaii:

  • Loan Terms - The document must specify the loan term and its duration.
  • Loan Repayment Schedule - This document outlines the loan repayment schedule, including the lowest installment amount.
  • Initial and Repayment Amount - The record shows the initial borrowed and payable amounts, along with the interest rate.
  • Parties' Details - The mortgage document must identify the parties, plus their responsibilities and rights.

Involuntary Liens

Involuntary liens are beyond your control and imposed against your will for a debt you owe. These are bad, and most often, they result in foreclosure and the loss of your home.

• Mechanic's Liens - Contractors, subs, laborers, landscapers, architects, and material suppliers can use a mechanic's lien to collect a debt. If someone works on your property and you don't pay them, they can file a lien. Eventually, if they sue you in court and win, they can foreclose and sell the property. They will be paid out of the proceeds.
• Tax Liens - Everyone must pay annual property taxes. If you fail to pay them, Hawaii's Real Property Tax Division can put a tax lien on your property, foreclose on your property, and sell your house at auction for well below fair market value. Tax liens are serious business.
• Judgment Liens - Creditors use judgment liens to collect a debt. If you owe a company money, they can impose a lien on your property. Then, they must sue you in court to enforce it. If they win, they, too, will foreclose and sell your house to get their money.

The Process of Property Liens in Hawaii

The following is how to file a mechanic's lien in Hawaii:

• The first step is preparing the lien form. Claimants must ensure they input the correct information for validity. A typical mechanic's lien form in Hawaii needs information such as the amount of the claim, a description of the property, name (s) of the property owner, name and details of the claimant, description of labor or materials provided, names of mortgages and other encumbrances if present, and other vital details.
• The claimant must attach a notice of lien to the attachment and file it in the circuit court clerk's office at the county level. Filing can be done at the office or by mail. Claimants must include the appropriate fees, not more or less. Once recorded, the claimant should receive a copy.
• Next, the claimant must serve a copy of the application and notice on the property owner, any individual interested in the real property, and the party contracted for the improvements. Claimants must serve them in the manner prescribed by law for service of summons.
• After 3 to 10 days from the application and notice service, the court holds a hearing to determine whether the lien can attach to the property. Any person who received the notice may offer testimony and documentary evidence to stop attachment. If the court makes a ruling in favor of the claimant, they have three months to enforce it.

Easements and Covenants

Easements and covenants, which restrict land use, also appear frequently in property records. They usually accompany deeds.

Easements are rights of way allowing someone other than the owner to access the land at will for a specific purpose. An example would be a utility company with power lines on private land. The company can access the land and maintain its power lines without first asking for permission. If someone new buys the land, they must agree to this arrangement.

Covenants are restrictions on how homeowners can use the property. You will see these frequently in condo developments and gated communities. An example might be that all owners must use the same paint color for the outside of their homes.

Plats and Surveys

Plats and surveys are different types of maps. Surveys show the boundaries of a single property and its map coordinates, while plats also show the boundaries of all the neighboring properties.

The types of property surveys in Hawaii include:

• Boundary Surveys - Boundary surveys show the exact boundaries of a piece of land.
• ALTA Survey - It develops a detailed property map per the American Land Title Association (ALTA) and the American Congress on Surveying and Mapping (ACSM) standards.
• Topography Survey - This documents the property's elevations, natural terrain features, and artificial features. Developers, government officials, engineers, and architects often order the surveys.

Property Descriptions and Boundaries in Hawaii

Every property in Hawaii has its own legal description. This description includes map coordinates to make it easy to find, a detailed written description, and natural landmarks.

Surveys are a process that measures land to determine the exact boundaries. Surveyors use specialized equipment to measure the land. Surveys are used before new construction, when installing underground utilities, and in boundary disputes.

Boundary disputes are common and go back a long way. They occur when one property owner believes another is encroaching upon their land. These disputes sometimes get heated and end up in court, where a judge must decide. The courts often rely on professional surveyors to provide testimony to help make the decision.

Foreclosures

Once a home is in foreclosure, this information will appear in property records. The house will be valued lower and will be more challenging to sell. Any liens must be resolved before the sale. Most buyers won't want to deal with the hassles, but some investors might.

Pre-foreclosure homes are in the process but haven't yet been sold at auction. These, too, appear in public records. Investors seek out these deals because they are valued well below fair market value, and the investor could pick up the property cheaply and sell it for a profit.