Hawaii Grant Deed

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What Is a Hawaii Grant Deed?

An Hawaii grant deed is a legal document used to transfer real estate ownership. It includes implicit guarantees that the grantor has not already sold the property to someone else and that the property is free of encumbrances placed during the grantor's period of ownership, except those disclosed. It does not warrant the entire historical chain of title.

When to Use a Grant Deed in Hawaii

  • Completing a standard real estate transaction where the buyer obtains title insurance.
  • Transferring property out of a trust or estate to a beneficiary.
  • Conveying property in states where grant deeds are the customary instrument of transfer instead of warranty deeds.

Hawaii Requirements for Grant Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 0 witnesses are required by Hawaii law.
  • Recording: The deed must be filed with the Bureau of Conveyances in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: Conveyance tax (0.1-1%+ based on price and use). Condominium property regime common.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Grant Deed vs Other Deeds in Hawaii

A grant deed guarantees the title against encumbrances made only during the current owner's tenure, whereas a full warranty deed covers the entire history of the property. Both offer significantly more protection than a quitclaim deed.

Frequently Asked Questions

What is the difference between a grant deed and a quitclaim deed in Hawaii?

A Hawaii grant deed includes an implied warranty that the grantor has not previously transferred the property to anyone else and that the property is free of encumbrances made during the grantor's ownership. A quitclaim deed provides no such warranties. Hawaii grant deeds are typically used for property sales where moderate title assurance is needed, while quitclaim deeds are used for transfers between trusted parties.

Can I use a Hawaii grant deed for a condominium transfer?

Yes. Grant deeds are commonly used to transfer Hawaii condominiums under the Condominium Property Regime. The deed should reference the CPR unit number, project name, and declaration. Be aware that Hawaii's Land Court system, which covers many condominium properties, has additional requirements for legal descriptions and may require an approved survey or condominium map.

Where do I record a Hawaii grant deed?

You must take the original, notarized deed to the Bureau of Conveyances in the jurisdiction where the property is physically located and pay the required recording fee.

Does a grant deed transfer my mortgage in Hawaii?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on a Hawaii grant deed?

Conveyance tax (0.1-1%+ based on price and use). Additional local recording fees also apply when filing the deed.

Can I write my own grant deed in Hawaii?

Yes, you can draft your own deed as long as it strictly adheres to Hawaii's legal requirements for formatting, legal description, and notarization.