Adverse Possession in Hawaii: Twenty Years and a Five Acre Ceiling
Reviewed by DocDraft Legal Team · Hawaii · Last updated October 5, 2026
Hawaii narrowed adverse possession sharply on November 7, 1978, and what survives is a small doctrine. Adverse possession is the rule that lets a person who openly occupies land belonging to someone else become its legal owner once the statutory period has run. Hawaii's period is twenty years: no person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued (HRS 657-31). The size restriction is what sets Hawaii apart. An action to establish title to a parcel of five acres or less may be brought by a person with not less than twenty years of adverse possession, while an action for a parcel greater than five acres may be brought only by a person who had twenty years of adverse possession prior to November 7, 1978 (HRS 669-1(b)). A claim to five acres or less may be asserted in good faith by any person not more than once in twenty years after that date (HRS 669-1(c)). Good faith is statutory here: a reasonable person would have to believe, on all the facts and circumstances, that they have an interest in title, and that belief must rest on inheritance, a written instrument of conveyance, or the judgment of a court of competent jurisdiction (HRS 669-1(b)). The Supreme Court of Hawaii requires clear and positive proof of each element of actual, open, notorious, hostile, continuous, and exclusive possession. Taxes are not an element. Attorney review is available through DocDraft.
Find out where you stand in Hawaii
Which side of the boundary question are you on?
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How long does adverse possession take in Hawaii?
Twenty years. No person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued (HRS 657-31). A quiet title action based on adverse possession requires not less than twenty years of possession (HRS 669-1(b)).
Is there an acreage limit on adverse possession in Hawaii?
Yes, five acres. An action to establish title to a parcel of five acres or less may be brought by a person with twenty years of adverse possession, but an action for a parcel greater than five acres may be brought only by a person who had twenty years of adverse possession prior to November 7, 1978 (HRS 669-1(b)).
Do you have to pay property taxes to claim adverse possession in Hawaii?
No. Hawaii's statutes impose no tax payment element. The Supreme Court of Hawaii requires clear and positive proof of each element of actual, open, notorious, hostile, continuous, and exclusive possession for the statutory period, and in one case a claimant who had paid the property taxes since 1961 still failed on hostility.
How does Hawaii define good faith for an adverse possession claim?
By statute. Good faith means that, under all the facts and circumstances, a reasonable person would believe that the person has an interest in title to the lands in question, and that belief is based on inheritance, a written instrument of conveyance, or the judgment of a court of competent jurisdiction (HRS 669-1(b)).
Hawaii adverse possession at a glance
Adverse possession is the rule that can convert a long, open occupation of another person's land into legal title to it. Hawaii keeps the doctrine but has fenced it in. The limitation period is twenty years (HRS 657-31). Since November 7, 1978 a quiet title action resting on adverse possession reaches a parcel greater than five acres only if the twenty years were completed before that date (HRS 669-1(b)), and a claim to five acres or less may be asserted in good faith by any person not more than once in twenty years (HRS 669-1(c)). Good faith is defined by statute and must rest on inheritance, a written conveyance, or a court judgment. There is no tax element, and the Supreme Court of Hawaii demands clear and positive proof of every element.
Eight acres outside Paia that the acreage rule puts out of reach
An eight acre former cane parcel outside Paia shows how fast Hawaii's acreage rule bites. Imagine a neighbour fenced it in 1995, has run a few horses on it every year since, and has paid the real property tax the whole time. Thirty years of that comfortably exceeds the twenty year limitation in HRS 657-31. It still does not open a quiet title action, because for a parcel greater than five acres HRS 669-1(b) admits only a person who had been in adverse possession for not less than twenty years prior to November 7, 1978. The tax payments do not help either, since Hawaii has no tax element. Had the parcel been four acres, the twenty years would put him inside 669-1(b) and the fight would move to statutory good faith. How any of it resolves is for the circuit court.
Relevant Laws
Haw. Rev. Stat. 657-31 (twenty years)
Provides that no person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued. The section was amended in 1973; the Supreme Court of Hawaii has noted that between 1898 and 1973 the period was ten years. The case notes published with the section include the exception that the statute does not run against government.
Haw. Rev. Stat. 657-31.5 (adverse possession as a defence)
Provides that where a person defending an action under the limitation part claims by adverse possession in excess of the period of limitation, the claim can only be made if the real property is five acres or less, and where the person has not asserted any similar claim in good faith within the past twenty years, excluding similar claims made before November 7, 1978. A defendant whose adverse possession exceeded twenty years prior to that date, or exceeded other earlier applicable periods, may still claim.
Haw. Rev. Stat. 669-1(b) (the five acre line and statutory good faith)
Provides that an action to establish title to a parcel of five acres or less may be brought by any person who has been in adverse possession for not less than twenty years, that an action for a parcel greater than five acres may be brought only by a person who had been in adverse possession for not less than twenty years prior to November 7, 1978 or for earlier applicable periods, and that any person claiming title by adverse possession shall show good faith, defined as a reasonable person's belief on all the facts and circumstances that the person has an interest in title, based on inheritance, a written instrument of conveyance, or the judgment of a court of competent jurisdiction.
Haw. Rev. Stat. 669-1(a), (c) and (d) (object of the action, frequency limit, court)
Subsection (a) allows an action against a person who claims or may claim adversely, for the purpose of determining the adverse claim. Subsection (c) limits an action claiming property of five acres or less on the basis of adverse possession to not more than once in twenty years per person after November 7, 1978. Subsection (d) requires an action under subsection (a) or (b) to be brought in the circuit court of the circuit in which the property is situated.
Haw. Rev. Stat. 669-2(e) (joinder of the Office of Hawaiian Affairs)
Provides that in any action to quiet title under HRS 669-1, the Office of Hawaiian Affairs shall be joined as a defendant where the land claimed is kuleana land and the plaintiff has reason to believe that an owner of an inheritable interest died intestate or partially intestate with no taker under article II of the Hawaii uniform probate code, and defines kuleana land as land granted to native tenants under the 1850 Act confirming the 1849 Privy Council resolutions.
Haw. Const. art. XVI, section 12 (constitutional basis of the restrictions)
The Supreme Court of Hawaii cites this provision, together with HRS 657-31.5, as the source of the 1978 changes that extended the adverse possession period from ten to twenty years and placed additional restrictions on claims to five acres or more. The official annotations to HRS 657-31.5 cross-reference it.
Ka'upulehu Land LLC v. Heirs and Assigns of Pahukula, SCWC-30475 (Haw. Oct. 8, 2015)
A published Supreme Court of Hawaii opinion that quotes HRS 669-1(b) in relevant part, states that a claimant must prove by clear and positive proof each element of actual, open, notorious, hostile, continuous, and exclusive possession for the statutory period, sets out the tests for notoriety and for continuity and exclusivity, and applies the special cotenancy burden requiring good faith and in most circumstances actual notice to cotenants.
Hawaii State Judiciary
The Hawaii State Judiciary site, which publishes the Supreme Court and Intermediate Court of Appeals opinions that state Hawaii's adverse possession elements and burden of proof, along with court rules including the Rules of the Land Court. There is no Hawaii Judiciary self help walkthrough for a quiet title filing.
Regional Variances
Hawaii adverse possession rules at a glance
Statutory period
Twenty years. No person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued (HRS 657-31). The Supreme Court of Hawaii has noted that the period was ten years between 1898 and 1973.
Acreage cap
Five acres, and it is the decisive lever. A parcel of five acres or less supports an action by any person with not less than twenty years of adverse possession. A parcel greater than five acres supports an action only by a person who had twenty years of adverse possession prior to November 7, 1978, or for earlier applicable periods (HRS 669-1(b)).
Frequency limit
Once in twenty years per person. An action claiming property of five acres or less on the basis of adverse possession may be asserted in good faith by any person not more than once in twenty years, after November 7, 1978 (HRS 669-1(c)). The defence provision mirrors it (HRS 657-31.5).
Property taxes
Irrelevant as a requirement. Neither HRS 657-31, nor 657-31.5, nor 669-1 imposes a tax payment element, and there is no tax-based shortening. In the 2015 Supreme Court of Hawaii case the claimant asserted possession and payment of the property taxes since 1961 and still failed to prove hostile possession.
Elements and burden of proof
Actual, open, notorious, hostile, continuous, and exclusive possession for the statutory period, each proved by clear and positive proof. Notoriety means use so notorious as to attract the attention of every adverse claimant. Continuity and exclusivity must rise to the level that would characterize an average owner's use of similar property.
Good faith
A statutory element, not an optional advantage. Any person claiming title by adverse possession shall show good faith, meaning a reasonable person would believe on all the facts and circumstances that the person has an interest in title, and that belief is based on inheritance, a written instrument of conveyance, or the judgment of a court of competent jurisdiction (HRS 669-1(b)).
Colour of title
Does not shorten the period. There is one twenty year period and no instrument-based alternative. A written instrument of conveyance functions instead as one of the three permitted foundations for the mandatory good faith belief.
Claims between cotenants
Harder. Where a cotenancy exists there is a special burden in proving hostile possession, requiring the claiming cotenants to show they acted in good faith toward their cotenants, which in most circumstances means actual notice. Constructive notice plus open and notorious possession suffices only where no cotenancy was suspected, where the cotenants could not be located despite reasonable effort, or where they already knew.
Government owned land
Outside the doctrine. The case notes published with HRS 657-31 state that the statute does not run against government, resting on Hawaii case law rather than on a sentence inside the adverse possession provisions themselves.
Kuleana land
In any action to quiet title under HRS 669-1, the Office of Hawaiian Affairs must be joined as a defendant where the land claimed is kuleana land and the plaintiff has reason to believe an owner of an inheritable interest died intestate or partially intestate with no taker under the probate code (HRS 669-2(e)).
Perfecting title
A quiet title action under HRS 669-1, filed in the circuit court of the circuit where the property is situated (HRS 669-1(d)). The plaintiff bears the burden of proving either paper title or title by adverse possession, and must at least prove a substantial interest in the property and title superior to the defendants'.
Frequently Asked Questions
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