What is the difference between land court and regular system?

The main difference between the state's land court and regular system lies in their methods of recording property titles: The regular system primarily serves to notify the public that a document, such as a deed, is recorded and on public record. The land court system goes further by providing state certification for property ownership, ensuring clear and definitive title. Properties registered with the state since the 1900s are typically included in the land court system. In contrast, non-registered properties fall under the regular system, creating distinct pathways for property registration and ownership certification.

Free Hawaii Quitclaim Deed Form

A Hawaii quitclaim deed allows a property owner (grantor) to quickly transfer ownership of a property to another party (grantee) without any sort of guarantee of ownership or title discovery process. This deed transfer is often used to move property between family members or trusted parties.

How to File

Filing a quitclaim deed in Hawaii means following a few extra steps compared to other states. From notarizing your document to choosing the right recording system, careful preparation ensures your property transfer is legally complete.

Step 1: Write Preparer’s Details and Return Address

Once you’ve selected your form, enter details about the person who is preparing it in the top left-hand corner of the page. This includes their name and mailing address.

Underneath, add the name and address where the forms should be mailed after recording. Typically, this is the grantee’s information.

Step 2: Enter Conveyance Amount

State the amount, if any, being paid for the property. Write the amount in words and numbers.

Step 3: Fill in Grantor and Grantee’s Name and Address

Write the grantor’s full name, address, county, city, and state where they live. Add the same for the grantee.

Step 4: Add the Property’s Legal Description

Document the legal description of the property, including its address and tax map key number. You can add an attachment to the deed if you need additional space.

Step 5: Sign in Front of a Notary

The grantor must sign the document in the presence of a notary public and then print their name and address below. Have the notary officially acknowledge the signature.

Step 6: File the Deed and Wait for Recordation

Take your quitclaim deed to the Bureau of Conveyances in Honolulu. Once filed, they will handle it in one of three ways:

1. The regular system laid out in Haw. Rev. Stat. Ch. 502: In this process, the registrar of conveyances handles the recording and management of the deed. Once recorded, a deed is considered a part of the public record. According to the Hawaii Bureau of Conveyances, all previously non-registered properties are processed using this system.
2. The land court system described in Hawaii Administrative Rules Ch. 16: The assistant registrar handles this process, in which a state certificate confirming ownership of the property is administered. Quitclaim deeds involving property registered with the state at some point since the 1900s are processed using this system.
3. A dual system combining the two options: Some deeds qualify to be filed in both the regular and land court systems. If this applies to your document, it will be recorded via the regular system first and the land court system second.

Costs and Fees

Recording a quitclaim deed in Hawaii comes with specific filing fees and taxes depending on the property type and value. Understanding these costs upfront can help you avoid delays when submitting your paperwork to the Bureau of Conveyances.

Filing Fees

The Department of Land and Natural Resources sets forth filing fees for property conveyances, per Haw. Rev. Stat. § 502-25. The fees differ between the regular and land court systems and are as follows according to the Bureau of Conveyances’ recording fee schedule:

Regular System:

$41 for deeds that are 50 pages or fewer.
$106 for deeds that are more than 50 pages.

Land Court:

$36 for deeds that are 50 pages or fewer.
$101 for deeds that are more than 50 pages.

Taxes

Hawaiians transferring property through quitclaim deeds may be subject to state transfer taxes and two different types of federal taxes:

1. Documentary Transfer Tax (DTT)

Per Haw. Rev. Stat. § 247-2 (1)(2), Hawaii imposes a transfer tax known as a conveyance tax. This depends on property type, transfer type, and property value.

Who Pays the Transfer Tax?

The grantor usually pays the transfer tax.

Exemptions to Transfer Tax

Haw. Rev. Stat. § 247-3 states all exemptions to conveyance taxes in Hawaii. Common examples include:

Transfers involving an exchange of $100 or less.
Deeds used only to confirm or correct details in past deeds.
Documents sectioning property equally between multiple owners.
Quitclaims used as a part of a separation or divorce proceeding.

Tax Rates

Tax rates (per $100) for different types of property are based on their value. The rates are as follows:

Property Value	General Property Transfers	Condominiums or Single-Family Residences Without Homeowner’s Exemption
Under $600,000	$0.10	$0.15
Between $600,000 and $999,999	$0.20	$0.25
Between $1,000,000 and $1,999,999	$0.30	$0.40
Between $2,000,000 and $3,999,999	$0.50	$0.60
Between $4,000,000 and $5,999,999	$0.70	$0.85
Between $6,000,000 and $9,999,999	$0.90	$1.10
Over $10,000,000	$1.00	$1.25

2. U.S. Gift Tax (Form 709)

Since a common use of quitclaims is to transfer property between friends and family members for no “consideration” or payment, they are often legally considered gifts by the IRS.
Using IRS Form 709, you can find out if you must pay a federal gift tax on your transfer of property. Several exemptions exist and are explained in detail in the form instructions.

3. Capital Gains Tax

Hawaii has a state capital gains tax, as does the federal government. These apply when a piece of property is exchanged for more consideration than its cost.
IRS Topic No. 409 and IRS Publication 551 detail the federal capital gains tax, including how to calculate it and which exemptions may apply.

Hawaii Quitclaim Deed Requirements

Recording a quitclaim deed in Hawaii follows specific state-level rules that help ensure property transfers are legally valid. Knowing what to include — from tax forms to formatting — can help you avoid processing delays and filing errors.

Legal Framework

Quitclaim deed requirements are established by Hawaii Revised Statutes Title 28, Chapter 502 (Bureau of Conveyances; Recording).

Legal Description

Generally, a legal description of a property should contain unique descriptors about its location that go beyond the street address.
The state considers the property’s tax map number a widely accepted descriptor.

Signing

Haw. Rev. Stat. § 502-31, Haw. Rev. Stat. § 502-41, and Haw. Rev. Stat. § 502-42 describe the signatures required for a quitclaim deed to be considered legally valid.
They establish that a deed must be signed by the grantor and acknowledged by a notary public.

Terminology

There is no specific form for quitclaim deeds included within the statutes; thus, no state-specific language is necessary.
Like many other states, most quitclaim deeds indicate that the current owner (or grantor) “remises, releases, and forever quitclaims their interest” to the new owner or “grantee.”

Additional Documents

The deed must be accompanied by three different documents:

A conveyance tax certificate, per Haw. Rev. Stat. § 247-6(a)(b). This is either Form P-64A for those who have to pay the tax or Form P-64B for those exempt from the tax.
A Real Estate Disclosure Statement, per Haw. Rev. Stat. § 508D-5.
A Certificate of Good Standing – only if the grantor is a business entity using the state’s land court system for recordation.

Filing

Different from most other states that handle recordation at the county or town level, Hawaii centralizes all of its land records at the state level through the Honolulu Bureau of Conveyances.
Once prepared, all deeds must be filed there.

Validity Requirements

The state requires uniform formatting for all deeds in order to assist in document processing procedures. These requirements, described in Haw. Rev. Stat. § 502-31(c)(e), indicate that the:

Paper size must be at most 8.5 x 11 (letter size).
Font size must be at least 10.
Text color must be dark.
First page must have a 3.5-inch margin at the top.
Pages must have only single-sided print.
Pages must be numbered.
Pages must be fastened by a single staple in the top left corner.
Pages must not be highlighted.
Language within the document cannot suggest warranty of title.

Content Requirements

There are two sets of content requirements to follow – one for the first page and one for the rest of the content. On the first page, the document should include:

The grantor and grantee’s identifying information.
Labels in the top margin reading “Land Record” on the left side and “Regular System” on the right side.
Directly below the margin, a return name and address.
The title “Quitclaim Deed.”
The property’s tax map number (if available).

Throughout the remainder of the document, content requirements include:

The grantee’s marital status and their spouse’s name, if applicable (Haw. Rev. Stat. § 501-105(a)).
The taxpayer’s name and mailing address.
The property’s address.
A legal description of the property.
A granting clause that describes the nature of the transfer.
A clear statement within the granting clause that the grantor offers no covenants or warranties of title, which can be implied by the use of the word “quitclaim.”
Whether the property is being transferred to one or more people.
The property’s homestead status.
The transferring owner’s notarized signature.

Quitclaim Deeds vs. Other Property Transfer Methods in Hawaii

Quitclaim Deed	Offers no warranty of title to the grantee. For this reason, if any issue of ownership comes to light, the grantee must defend their right to own the property and cannot sue the grantor for damages.
General Warranty Deed	Offers the most extensive warranty of title to the grantee. This type of deed makes the grantor responsible for defending property ownership against issues occurring over the full time the property has existed.
Special Warranty Deed	Provides some warranty of title to the grantee. With this type of deed, the grantor must defend the property against any title issues that may arise related to their time of ownership.
Life Estate Deed	This type of deed gives the grantor, or “life tenant,” ownership of the property during life and transfers their interest, or “remainder,” to one or more beneficiaries upon death. In this case, the grantee must be included in property decisions.
Title Insurance	Since title issues can be costly, Hawaiian grantees who are transferred property through deeds with less title security may decide to pursue legal protection of their ownership in other ways, like obtaining title insurance.
Transfer on Death Deed (TODD)	A form of estate planning, grants property ownership to one or more beneficiaries upon a grantor’s death. In this case, the grantor holds full authority to make property decisions or change their mind at any time.

Sample Hawaii Quitclaim Deed

See a sample Hawaii quitclaim deed below. Use our document editor to easily customize your form and download it in PDF or Word format.

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Frequently Asked Questions

In Hawaii, a quitclaim deed does not have an expiration date or a specific time limit on its validity. Once properly executed, recorded, and filed with the Bureau of Conveyances, a quitclaim deed remains effective indefinitely.

Generally, a quitclaim deed is in effect until the property is transferred again through another legal instrument or until the parties involved decide to revoke it through a separate legal process if necessary.

Hawaii’s conveyancing stands out due to its centralized recording agency, the Bureau of Conveyances, overseeing all deeds. However, while the Bureau ensures documents meet standards for recording, it doesn’t assess whether the deed effectively transfers title without creating potential title issues.

Moreover, Hawaii has two different recording systems, regular and land court, each with its own set of requirements.

The main difference between the state’s land court and regular system lies in their methods of recording property titles:

The regular system primarily serves to notify the public that a document, such as a deed, is recorded and on public record.
The land court system goes further by providing state certification for property ownership, ensuring clear and definitive title.

Properties registered with the state since the 1900s are typically included in the land court system. In contrast, non-registered properties fall under the regular system, creating distinct pathways for property registration and ownership certification.