Adverse Possession Laws Hawaii
A squatter is basically someone who sets up camp in an empty place, like an abandoned house or land, without asking for permission or paying rent. They’re kind of like modern-day nomads, except they don’t actually own or rent the place they’re crashing in. Believe it or not, squatting is a thing that happens quite a bit in the US.
Now, in Hawaii, they don’t take too kindly to squatters. It’s generally considered illegal unless you’ve been living in an unoccupied spot and paying taxes on it for a whopping twenty years. That’s a pretty long time!
But here’s the twist – not all squatters get in trouble with the law. In Hawaii, they’ve got these rules that let squatters claim ownership of unoccupied places under certain conditions. So, it’s not always a one-way ticket to jail.
Learn more about Squatting rights in the US.
Isn’t Squatting Kind of Like Trespassing?
Squatting might sound like trespassing, but they’re not quite the same. Trespassing is a criminal offense while squatting is usually more of a civil matter. But hold on, it can get criminal if the property owner says, “Hey, you’re not welcome here!”
Here’s the scoop:
In Hawaii, squatting is a big “nope.” Basically, if you’re squatting there, you’re trespassing, unless you can whip out some legit documents saying otherwise. Squatters and trespassers sometimes play the paper game, but if their documents are bogus, it’s still illegal. And that means you might have to go through some legal hoops to kick them out. Squatters do have rights, but they’ve got to meet the requirements for adverse possession. If they don’t, they could end up in handcuffs as criminal trespassers.
Now, what about those holdover tenants?
Holdover tenants are like those folks who just won’t leave the party after it’s over. They stick around after their lease expires, but they’ve got to keep paying rent like nothing’s changed. The landlord can let this slide without admitting they’re cool with it.
But if the landlord takes that rent money, the tenant becomes a tenant at will. They’re basically hanging out on the property at the landlord’s whim and can be shown the door anytime, no fancy eviction notice is needed.
Now, if the landlord decides to drop a “notice to quit” (aka, get out), and the tenant still doesn’t budge, it’s lawsuit time. The tenant is now facing an unlawful detainer lawsuit. And guess what? Adverse possession is off the table at this point. They’re officially a criminal trespasser, and the party’s over.
Adverse Possession Claim in Hawaii
In Hawaii, if someone sticks around for a whopping 20 years, they can claim they own the land. Yep, you heard that right—20 years! But wait, it’s not a walk in the park. They’ve gotta meet a checklist of five things:
- Actual Possession: They’ve got to treat that land like it’s theirs, and they need to physically be there. Think gardening, painting, or just tidying up.
- Continuous Possession: No disappearing acts allowed. That 20 years has to roll on without any breaks. Leave for a few months? Start the countdown again.
- Exclusive Possession: They can’t share the land with anyone—no owner, no tenants, no fellow squatters.
- Open and Notorious Possession: Everyone and their neighbor should know they’re squatting there. It’s gotta be obvious, no hiding in the shadows.
- Hostile Claim: Here’s where it gets interesting. Hostile could mean a few things: simply occupying the place (even if they don’t know it’s owned), making a good-faith mistake (blame it on those wrong deeds), or knowing they’re trespassing but squatting anyway.
So, if someone pulls off this two-decade dance, they can say, “Hey, this land is mine now!” But let’s be real, 20 years is a long time to pull off the ultimate squatting move.
Hawaii Color of Title
Color of Title might sound a bit fancy, but it’s all about those unusual property ownership situations. It kicks in when things aren’t following the regular rules, like when some important ownership papers are MIA.
Now, if a squatter’s adverse possession claim pans out, they can score what’s called color of title. This even covers honest mistakes, so no worries there. But here’s the catch: in Hawaii, there’s no special treatment for squatters with Color of Title.
Yep, you guessed it. Even if they’ve got Color of Title on their side, they still need to clock in those 20 years of uninterrupted possession to claim adverse possession.
Getting rid of squatters
Kicking squatters out usually starts with handing them an eviction notice. Here are the notices you can use:
- If they owe rent: Give ’em a 15-Day Notice to Pay.
- No lease or lease expired: Use a 10-Day Notice to Quit for shorter tenancies, or a 45-Day Notice to Quit for month-to-month setups.
- If they’re up to no good: Hit ’em with a 5-Day Notice to Quit for serious stuff like causing harm, a 24-Hour Notice to Quit for being a major nuisance, or a 10-Day Notice to Comply for other illegal activities.
Evictions can take some time, but if those squatters really don’t belong there, the court will likely side with you. Once you get the green light, a Writ of Possession will be served to them by the sheriff or someone authorized. If they still refuse to budge after the grace period, law enforcement can step in to give them the boot.
Refer to this source for more information.
Frequently Asked Questions
How can I protect myself from Squatters?
Once the property owner has handed the squatters an eviction notice, it’s on the squatters to pack up and leave once that notice period expires. If they don’t budge, it’s time to bring the matter to court.
Are Adverse Possession claims difficult to fight?
Claiming adverse possession is no walk in the park for squatters. To have a shot at success, they must meet five precise requirements. For the inside scoop and the best chance at holding onto your property, it’s wise to chat with a seasoned attorney.
Do squatters need to pay property taxes?
No, Squatters need not pay property taxes in Hawaii to file for an Adverse Possession claim.
