Property Ownership

In Hawaii, the priority of liens on a property is generally determined by:

AThe amount of the lien

BThe date and time of recording, with earlier liens having higher priority ('first in time, first in right')✓ Correct

CThe type of lien only

DCourt determination on a case-by-case basis

Explanation

Lien priority in Hawaii generally follows the recording date—'first in time, first in right.' Earlier recorded liens take priority over later recorded liens, with some exceptions (e.

People Also Study

Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.