Escrow & Title
What is a 'deed restriction modification' in Hawaii and under what circumstances can deed restrictions be changed?
AA. Deed restrictions can be changed by any individual property owner unilaterally
BB. Deed restrictions can be modified or removed through agreement of all affected parties, court action, or statutory procedures for discriminatory covenants✓ Correct
CC. Only the original grantor can modify deed restrictions in Hawaii
DD. Deed restrictions can never be changed once recorded
Explanation
Deed restrictions (restrictive covenants) may be modified by agreement of all parties who benefit from the restriction (unanimous consent), by court order (changed conditions doctrine), or through statutory procedures (such as Hawaii's discriminatory covenant disavowal process). The process can be complex when many property owners are involved.
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