Hawaii deed forms are documents used in Hawaii to transfer or convey property between the seller (grantor) and the buyer (grantee). There are three types of deeds, and their use depends on the circumstances surrounding the property transfer. The major difference between the three types of deeds lies in the amount of warranty or protection they offer the buyer.
The general warranty deed provides the buyer total protection in all cases of interest claims, encumbrances, and liens, the limited warranty deed protects the buyer only to an extent, and the quitclaim deed offers no buyer protection whatsoever. All deeds authorized in Hawaii must be signed before a Notary Public and recorded at the Hawaii Bureau of Conveyances.
Deeds authorized in Hawaii must follow the laws stated in the Hawaii Admin. Code, Chapter 16 – Rules Relating to Conveyances.
A Notary Public must acknowledge all deeds. (HRS § 502-41)
All deeds must be recorded at the Hawaii Bureau of Conveyances. Recording deeds typically costs a certain fee. (HAR § 13-16-4)
A general warranty deed is used to convey property from a seller to a buyer with the full assurance that the seller is the legal owner of the property and has the legal right to sell it. With this deed, the grantor ascertains that the title is clean, accepting to take full responsibility for any claims, encumbrances, or hidden liens that may arise. This deed offers the most buyer protection.
The quit claim deed is used by a grantor to transfer any interest he may have in a property to the grantee. This type of deed offers no buyer protection whatsoever. It’s important to note that the buyer may not have any interest in the property. In such a scenario, it is especially expedient that the buyer conducts a title search to know what interest the seller has in the property.
This type of deed offers the buyer a warranty that goes only as far back as when the seller owned the property. This deed does not cover any issues, claims, encumbrances, or liens that may arise from before the property belonged to the seller.
A property title search is carried out to investigate a property’s transfer history. It provides the grantor and grantee with information on any issues tied to the title. These issues could include undischarged mortgages, undisclosed transfers, or unknown easements. Land records in Hawaii are recorded and stored in the Bureau of Conveyances. They can be accessed physically or via an online portal. Accessing it through the latter method requires you to pay some subscription and document fees. To access the land records online:
Visit the Hawaii Board of Conveyances website here and click on “online services.”
In the case of non-commercial use, click on “Document Search and Ordering System.”
Start your search with the deed given to the seller. In this case, the seller will be the grantee. When you type in the seller’s full name, you will be redirected to a validation page.
When you enter the validation code, you will be taken to a page where you can pick the document of your choice.
On clicking on the document of your choice, you will be redirected to another page where you will be required to choose whether to add it to our cart or opt for electronic or mail delivery.
From there, you’ll be redirected to a page where you’ll either choose to continue your search or check out.
A general warranty deed — also known as a ‘statutory warranty deed’ — is a document used in transferring ownership of real estate ...
A quitclaim deed, also called quitclaim, hands over the rights and ownership of a real estate property without guarantees from the seller (grantor) to...
A deed form is a document that transfers the title of a real estate property from the grantor (seller) to the grantee (buyer). The type of deed form n...