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Old 07-06-2005, 03:31 PM
jgmb jgmb is offline
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Default Hawaii - adverse possession HELP


Anyone know about Hawaii laws about adverse possession?

situation:

bought a house 50+ years ago on Oahu. a rock retaining wall was set in place to section off surrounding properties. Now 50 years later the daughter of the past owner wants us to move the wall and rip down our patio in order to take back several feet of their land.

We are about 8 feet on neighbor A, neighbor B & C which has retaining walls all around. This has been like this for 50 years.

Do we have a right not to move or endure finanacial responsiblities regarding this. Isn't there a adverse possession law?
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Old 07-12-2005, 08:37 PM
elklaw elklaw is offline
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You should be ok. This sounds like good faith.
In Hawaii, the duration of such possession is twenty (20) years and must be in good faith. Title by adverse possession is not applicable to real estate where title has been properly registered with the land court. Hawaii Code §656-31, 31.5.
from http://www.lawchek.net/resources/forms/que/advposs.htm
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