Hawaii-Warranty Deed

The transfer of rights in real property from a grantor (the seller) to a grantee (the buyer) is accomplished via the use of a legal document known as a warranty deed (buyer). The grantee is safeguarded by this sort of deed, which ensures that the donor possesses a free and clear title to the property in question and that the grantor is authorized to sell the property in question to the grantee. This assurance is valid for the entire duration of the homeowner’s existence. Additionally, the grantor assures that they did not encumber the property in a way that would prevent it from being transferred, and that the deed references any easements, limitations, or other agreements that are public record and are relevant to the particular parcel of land. Once the warranty deed has been recognized or proven and certified in accordance with the provisions, it should be recorded in the office of the county recorder in the county in which the land in question is situated.

Land Court (Torrens) and the Regular System are the two distinct recording methods that are kept up to date in Hawaii. The Land Court and the Regular System both have their records filed with the Bureau of Conveyances. Check the prior deed to see which system should be used to record the information. Recording in the Land Court system is indicated by a label in the upper left-hand corner, but recording in the Regular System is indicated by a label in the upper right-hand corner. The dual registered deed is one that has labels on both sides of the document. Both the ownership of registered land and the land itself are subject to the same obligations and risks as are associated with the ownership of unregistered land (HRS 501-81).

A warranty deed is a document that is often employed in real estate transactions. It is designed to provide the purchaser of a piece of property with the maximum amount of insurance possible. It assures or warrants that the property in question is owned by the owner and is free of any debts, foreclosures, or other responsibilities that have not been paid off against it.

A standard warranty deed will often include the grantor’s covenants in their entirety. Real estate can be transferred with a full warranty on its title when using a general warranty deed form from Hawaii. The current owner ensures that a good title in good standing will be transferred to the next owner. The guarantee extends to cover the entirety of the property’s chain of title. As a result, the present owner is the one who is responsible for bearing the risk associated with any potential issues with the property’s title that are not expressly excluded from the warranty.