What's Required In Order to Record?
The requirements for recording a deed in the State of Hawaii may vary depending on the specific county in which the property is located. However, in general, the following are the common requirements for recording a deed in Hawaii:
Properly executed and acknowledged deed: The deed must be properly executed by the grantor (the person or entity transferring the property) and acknowledged before a notary public or other authorized individual. The grantor's signature must be original and not a photocopy or digital facsimile.
Legal description of the property: The deed must contain a legal description of the property being transferred, which accurately identifies the location and boundaries of the property. The legal description should be clear and complete, and it should match the legal description of the property as recorded in the land records.
Documentary Conveyance Tax Form: In Hawaii, a Documentary Conveyance Tax Form must be completed and submitted with the deed at the time of recording. This form indicates the consideration (i.e., the sale price or value) for the transfer of the property and calculates the conveyance tax due, if any. The form must be signed by the grantor and the grantee.
Recording fees: The appropriate recording fees must be paid at the time of recording. The recording fees may vary depending on the county in which the property is located and the number of pages in the deed and any accompanying documents.
Form P-64C (Notice of Conveyance): In some cases, a Form P-64C, also known as a Notice of Conveyance, may need to be submitted along with the deed. This form is used to report changes in ownership and is required for certain types of property transfers, such as transfers involving a change in ownership of a controlling interest in an entity that owns real property in Hawaii.
Proper formatting and legibility: The deed must be properly formatted and legible, with clear printing or typing. The document should be on white paper with black ink, and the font size should be large enough to ensure legibility when the document is scanned or photocopied.
Compliance with local rules and regulations: It is important to ensure that the deed and any accompanying documents comply with any local rules and regulations, such as those of the specific county in which the property is located. Different counties in Hawaii may have slightly different requirements for recording deeds, so it is advisable to check the specific requirements of the county where the property is located.
It is recommended to consult with a qualified attorney or a professional title company in Hawaii to ensure that all the requirements for recording a deed are met and that the deed is properly recorded in accordance with the laws and regulations of the State of Hawaii.
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