In re Eklund to Register Title to Real Property Situate at Pahoehoe 3rd & 4th

Hawaii Supreme Court

In re Eklund to Register Title to Real Property Situate at Pahoehoe 3rd & 4th

465 P.2d 552, 51 Haw. 568, 1970 Haw. LEXIS 157

CourtHawaii Supreme Court

DecidedFebruary 18, 1970

DocketNos. 4513 and 4514

StatusPublished

Cited by5 cases

This text of 465 P.2d 552 (In re Eklund to Register Title to Real Property Situate at Pahoehoe 3rd & 4th) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In re Eklund to Register Title to Real Property Situate at Pahoehoe 3rd & 4th, 465 P.2d 552, 51 Haw. 568, 1970 Haw. LEXIS 157 (haw 1970).

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Opinion

[569]*569OPINION OF THE COURT BY

MARUMOTO, J.

These appeals, Nos. 4513 and 4514, are appeals from two separate decrees of the land court entered in Land Court Application No. 1781 of Walter Edward Eklund to register title to four parcels of land in North Kona, Hawaii, designated as Lots 1-A, area 2,949 square feet; 2-A, area 23,883 square feet; 1-B, area 109 square feet; and 2-B, area 12,209 square feet. In No. 4513, the State of Hawaii appealed from the decree which granted the application with respect to Lots 1-A and 2-A. In No. 4514, Eklund appealed from the decree which denied the application with respect to Lots 1-B and 2-B.

Eklund traced his title to Grant 1927 to Kipapa and Grant 2034 to Kaupehe, and claimed Lots 1-B and 2-B as parts of Grant 1927 and Lots 1-A and 2-A as parts of Grant 2034.

Grant 1927 was a grant of a part of Pahoehoe 3, and was made on December 20, 1855. Grant 2034 was a grant of a part of Pahoehoe 4, and was ma.de on May 21, 1856.

At the time Grant 1927 was made, there was in existence in Pahoehoe 3 a kuleana award, being Land Commission Award 4705 to Moopuu. However, Boyal Patent 4221 on the award was not issued until November 17,1858.

Grants 1927 and 2034 were in Hawaiian. Grant 1927 described the land granted therein by monuments, courses, and distances identical with the survey description of a part of Pahoehoe 3 prepared by John Fuller, a surveyor, on February 20, 1855. Grant 2034 also described the granted land by monuments, courses, and distances identical with the survey description of a part of Pahoehoe 4 prepared by Fuller on the same day. Fuller’s survey descriptions were in English.

In addition to the survey description, Grant 1927 contained a sketch of the outer boundaries of the granted land, drawn to a scale of 4 chains to 1 inch. So did Grant 2034. The sketches were exact copies of the sketches drawn by Fuller.

[570]*570Lot 1-A lies between Alii Drive and the old government road, and Lot 2-A lies between the old government road and the sea, in Pahoehoe 4. Lot 1-B'lies between Alii Drive and the old government road, and Lot 2-B lies between the old government road and the sea, in Pahoehoe 3.

The drawing appended hereto, designated as Map 1, shows Pahoehoe 3 and Pahoehoe 4; Grants 1927 and 2034; Royal Patent 4221; Alii Drive; old government road; and Lots 1-A, 2-A, 1-B, and 2-B. Fuller’s survey descriptions are copied next to Map 1. Map 2 is a reproduction oñ a reduced scale of the sketch in Grant 1927 and the sketch in Grant 2034, as juxtaposed against each other. The numbers in parentheses on Map 1 áre the course numbers of the survey description in Grant 1927, other than course 12. The numbers in brackets are the course numbers of the survey description in Grant 2034, other than course 9. Course 12 of Grant 1927 and course 9 of Grant 2034 were seaward courses. These courses are not numbered on Map 1 because their location is in controversy. The line on Map 1 designated as the Dunn line is the line delineated by State surveyor James Dunn as the seaward boundaries of Grants 1927 and 2034..

The- land court entered the decree which registered title to Lots 1-A and 2-A in Eklund pursuant to its-, decision. that the meandering coastline at: high water mark constituted the seaward boundary of Grant- 2034. . That decision placed Lots. 1-A and 2-A within Grant 2034, as claimed by Eklund.

The court denied registration, of title-to Lot 1-B on the ground that the parcel is a part of Royal Patent 4221 to which Eklund has. no. color of title, and not a part of Grant 1927. It denied registration of title to Lot 2-B pursuant to its decision that Grant 1927 did nót extend below the old government road: The effect of the decision was

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