Hawaii Warranty Deed

Introduction

Key Things to Know

1. 1

   A warranty deed gives the buyer the strongest title protection. Hawaii codifies no statutory deed form or warrant-and-defend words (HRS Section 501-101), so the seller's guarantee to defend the title comes only from the express covenants written into the deed.

2. 2

   Hawaii does not codify a statutory deed form or any statutory warrant-and-defend words. Owners use ordinary common-law deeds (HRS Section 501-101), so a Hawaii general warranty deed carries only the protection its express covenants of title (seisin, right to convey, against encumbrances, quiet enjoyment, and warranty) actually state.

3. 3

   A general warranty deed warrants title against all claims, including defects that arose before the seller owned the property. A special or limited warranty deed warrants only against defects created during the seller's own ownership. In Hawaii that difference is set by the deed's own language, not by statute.

4. 4

   You record the signed deed at the single statewide Bureau of Conveyances in Honolulu, not a county recorder (HRS Section 502-83). Hawaii runs a dual system: the Regular System kept by the registrar of conveyances, and the Land Court (Torrens) system kept by the assistant registrar (HRS Section 501-101). Hawaii follows a race-notice rule, so recording promptly protects you.

5. 5

   The grantor's signature must be acknowledged before a notary before the deed can be recorded (HRS Section 502-41). Hawaii does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is what allows the Bureau of Conveyances to record it.

6. 6

   Hawaii charges a conveyance tax on the transfer, tiered by property value and by whether the buyer qualifies for a county homeowner's exemption, with a minimum of 1 dollar per transaction (HRS Chapter 247). A certificate of conveyance (Form P-64A) stating the full consideration must be filed before the deed is accepted for recording (HRS Section 247-6).

7. 7

   Hawaii is not a community property state and dower and curtesy are abolished, so a non-owner spouse generally does not have to join in a deed of separately titled land (HRS Section 560:2-112). The deed must contain or have endorsed on it the address of the grantee before the registrar will record it (HRS Section 502-34).

Hawaii Requirements for Warranty Deed

• Title Guarantee and Covenants

  A warranty deed guarantees clear title and defends the buyer against claims. Hawaii codifies no statutory deed form and no statutory warrant-and-defend words (HRS Section 501-101), so a Hawaii general warranty deed carries only the protection its express covenants of title (seisin, right to convey, against encumbrances, quiet enjoyment, and general warranty) actually state. Draft those covenants into the deed to get full protection.

• No Statutory Form: Use a Common-Law Deed

  Hawaii prescribes no statutory short-form deed. Owners use ordinary common-law forms of deeds now in use and sufficient in law (HRS Section 501-101). Hawaii does not use a grant deed the way California does; its common instruments are the warranty deed and the quitclaim deed. Because the statute supplies no covenant words, what the deed says controls the protection it gives.

• Record at the Bureau of Conveyances

  Record the signed, notarized deed at the single statewide Bureau of Conveyances in Honolulu, not a county recorder (HRS Section 502-83). Hawaii runs a dual system: the Regular System under the registrar of conveyances and the Land Court (Torrens) system under the assistant registrar (HRS Section 501-101). Hawaii follows a race-notice rule, so a conveyance recorded first generally prevails; record promptly.

• Notary Acknowledgment, No Witnesses

  Before recording, the grantor's signature must be acknowledged before a notary (HRS Section 502-41). Hawaii does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path. The notary certification must also state the date, document title, page count, and circuit for the Bureau of Conveyances to accept the instrument.

• Conveyance Tax and Certificate of Conveyance

  Hawaii charges a conveyance tax on the transfer, tiered by property value and by whether the buyer qualifies for a county homeowner's exemption, with a minimum of 1 dollar per transaction (HRS Chapter 247, Sections 247-1 and 247-2). A certificate of conveyance (Form P-64A) stating the full consideration must be filed before the deed is accepted for recording (HRS Section 247-6). Re-confirm the current form on tax.hawaii.gov.

• Legal Description, Grantee Address, and TMK

  Identify the grantor and grantee, state the consideration, include the Tax Map Key (TMK), and give the full legal description of the property (not just the street address). The registrar will not record a deed unless it contains or has endorsed on it the address of the grantee (HRS Section 502-34). Errors in the legal description or vesting are a common and costly source of later title problems, so confirm them against the current deed.

• No Community Property or Spousal Joinder

  Hawaii is not a community property state, and dower and curtesy are abolished (HRS Section 560:2-112), so a non-owner spouse generally does not have to join in a deed of one spouse's separately titled land. If the couple holds title together, both owners sign. A surviving spouse can have an elective-share right at death, so confirm how title is held before signing to avoid a defective transfer.

• General vs Special Warranty: Choosing the Deed

  Choose the deed to match the protection intended. A general warranty deed warrants title against all claims, including those predating the grantor, through its express covenants. A special or limited warranty deed narrows the promise to claims arising during the grantor's own ownership. A quitclaim deed gives no covenants at all. Because Hawaii supplies no covenant words by statute, the deed's own language decides which of these you get.