Looking for adverse possession in Hawaii or squatters rights in Hawaii? Hawaii law answers those questions with a limitations / prescription statute — primarily Haw. Rev. Stat. § 657-31 — not a single nationwide rule. This guide explains the Hawaii period (20 years), the classic elements as Hawaii courts frame them, color of title and tax conditions, how to quiet title, and how recent anti-squatting reforms (if any) interact with mature claims.
Key takeaways
- Statutory period in Hawaii: 20 years.
- Primary authority: Haw. Rev. Stat. § 657-31.
- Taxes: No — Hawaii does not require tax payment as an element of adverse possession.
- Color of title: No shorter color-of-title track.
- Quiet-title / AP forum: Circuit court quiet-title actions (and Land Court practice where registration applies) in the circuit where the land is located.
- Pair this page with the LawDiver search rail scoped to Hawaii for live opinions on hostile possession, tacking, and boundary disputes.
Current adverse possession law in Hawaii
Hawaii’s adverse-possession limitations period is twenty years under Haw. Rev. Stat. § 657-31. There is no shorter color-of-title statute and no tax element. Claimants must prove classic open, notorious, exclusive, continuous, and hostile possession, subject to Land Court registration limits. Quiet-title suits are filed in circuit court. Government and certain trust lands are protected.
Statutory period
Period: 20 years
Under Haw. Rev. Stat. § 657-31, the clock generally runs only while possession is adverse and continuous. Permission from the true owner, abandonment, or ouster can stop or reset the period. Always read the full statute text and any disability / tolling provisions before relying on a secondary summary.
Elements Hawaii courts require
Hawaii requires actual, open, notorious, continuous, exclusive, and hostile possession under claim of right for twenty years. Land Court / Torrens registration issues can independently bar or complicate adverse claims.
In plain terms, adverse possession is not “camping for a few weeks.” Courts look for possession that looks like ownership — fencing, cultivation, building, exclusive control — maintained for the full period without the owner’s permission.
Hostility and claim of right
Hawaii applies an objective hostility / claim-of-right standard; permission defeats adversity. Registered Land Court parcels present special limits.
Permission is the classic defense. A neighbor who uses a strip of land with the owner’s consent is usually a permissive user, not an adverse possessor — until a clear repudiation of the permission starts the adverse clock.
Color of title
No shorter color-of-title track.
Color of title is a document that looks like a conveyance (deed, judgment, or instrument) but is defective. It often expands the geographic footprint of constructive possession and, in some states, shortens the years required.
Property taxes
No — Hawaii does not require tax payment as an element of adverse possession.
Where taxes are required, courts often demand certified collector records for the full period. Paying taxes alone rarely creates title without the possession elements.
Tacking successive possessions
Tacking is permitted with privity between successive adverse possessors.
Without privity, successive squatters cannot stitch their years together. With privity (deed, inheritance, or transfer of the possessory interest), tacking can complete a period no single occupant finished alone.
Government and public land
Adverse possession generally cannot run against the State of Hawaii, the United States, or Hawaiian Home Lands / certain trust lands subject to statutory protections.
How to quiet title or defend against a claim
Adverse possession usually becomes marketable title only after a court decree. In Hawaii, actions are typically filed in Circuit court quiet-title actions (and Land Court practice where registration applies) in the circuit where the land is located. Claimants plead the elements and period under Haw. Rev. Stat. § 657-31; owners defend with permission, interruption, lack of exclusivity, survey / boundary evidence, or government-land immunity.
Practical sequence for a claimant:
- Confirm the correct statutory track (color of title, taxes, acreage caps).
- Assemble possession evidence (photos, surveys, tax receipts, witness affidavits).
- File quiet title / declaratory judgment in the proper Hawaii forum.
- Serve all record owners and lienholders; expect a boundary or survey fight.
- Record the judgment so the title plant and future buyers see the decree.
Practical sequence for an owner who discovers an encroachment:
- Document the intrusion immediately (survey, photos, written objection).
- Send a clear written revocation of any implied permission.
- Consider ejectment / unlawful detainer before the statutory period runs.
- Do not use self-help lockouts if the occupant claims residency — use court or statutory sheriff process.
Removing unauthorized occupants
Hawaii has no widely reported statewide sheriff-complaint “anti-squatting” fast track comparable to the 2024 Florida / Georgia wave. Owners typically use ejectment, unlawful detainer / forcible entry, or quiet-title practice — not self-help lockouts or utility shutoffs.
Case law: how Hawaii courts decide adverse possession
The opinions below are in the LawDiver corpus, with block quotes pulled from the opinion text so you can jump into the full decisions.
AGORASTOS v. Brown
AGORASTOS v. Brown, 192 P.3d 612 (2008)
…established their fee simple title to certain land through adverse possession.[1] Whitney's appeal was subsequently dismissed for default of her opening brief on March 31, 2008. On appeal, Brown argues the Circuit Court erred by granting the Agorastoses' summary judgment motion (Summary Judgment Motion) because genuine issues of material fact exist regarding whether: (1) the A…
Open the full opinion on LawDiver to read how Hawaii courts apply adverse-possession elements in context.
WAILUKU AGRIBUSINESS CO., INC., Respondent/Plaintiff-Appellee v. Harvey AH SAM, Patrick Ah Sam, Frederick K. Bailey
…at no genuine issues of material fact exist as to Wailuku’s adverse possession of Apaña 3; and (3) the ICA did not gravely err in admitting and relying on the affidavits of Chuck Dando (Dando), Clayton Suzuki (Suzuki), and Avery Chumbley (Chumbley). I. The following matters are taken from the submissions of the parties, some verbatim, and from the record. This is a quiet title…
Open the full opinion on LawDiver to read how Hawaii courts apply adverse-possession elements in context.
Kunio Suzuki, Mitsuo Suzuki, James Masao Suzuki, Henry Yoneo Suzuki and Alice Umiko Waki v. Anabel S. Garvey.
…he plaintiff in error’s asserted title to certain realty by adverse possession. In 1934 the Bishop Trust Company, Limited, owned certain lands and improvements in Honolulu bounded by Alexander, King, Artesian and Young streets. It subdivided the tract, preserving the largest lot to the rear of certain retail-store premises fronting King street as a single parcel, hereinafter re…
Open the full opinion on LawDiver to read how Hawaii courts apply adverse-possession elements in context.
TUNG-MING LAI and CHIN-YU LAI, Husband and Wife, and ARTHUR K. TRASK and NANA REEDER HALL TRASK, Husband and Wife
…ndants’ counterclaim of title in fee to the same parcels by adverse possession. We affirm. STATEMENT OF THE CASE The property in dispute consists of two one-acre parcels of land located on the southerly side of Pulama Place at Kaalaea, Koolaupoko, Oahu, Hawaii, and being portions of a larger acreage of land commonly referred to as “Kiha” land, of Royal Patent 689, Land Court Aw…
Open the full opinion on LawDiver to read how Hawaii courts apply adverse-possession elements in context.
Practical research tips
- Read the live text of Haw. Rev. Stat. § 657-31 on LawDiver before relying on this summary.
- Search Hawaii opinions for
adverse possession Hawaii,squatters rights Hawaii,HRS 657-31,Hawaii quiet title,Hawaii Land Court adverse possession,twenty year adverse possession Hawaii. - Cross-check survey descriptions, tax parcels, and recorded instruments — many AP fights are boundary cases in disguise.
- Distinguish short-term squatting (removal / trespass) from multi-year adverse possession (quiet title).
Frequently asked questions
What is the adverse possession period in Hawaii?
20 years, under Haw. Rev. Stat. § 657-31. Shorter tracks may apply with color of title or tax payment where the statute so provides.
Do squatters have rights in Hawaii?
“Squatters rights” is popular language for adverse possession. Hawaii recognizes the doctrine, but only after the statutory elements and period are met — and usually only after a quiet-title judgment. Short-term unauthorized occupation is typically trespass / eviction territory, not title.
Are property taxes required for adverse possession in Hawaii?
No — Hawaii does not require tax payment as an element of adverse possession.
What is color of title in Hawaii?
No shorter color-of-title track.
Can you adversely possess government land in Hawaii?
Adverse possession generally cannot run against the State of Hawaii, the United States, or Hawaiian Home Lands / certain trust lands subject to statutory protections.
How do I quiet title after adverse possession in Hawaii?
File in Circuit court quiet-title actions (and Land Court practice where registration applies) in the circuit where the land is located, plead the elements under Haw. Rev. Stat. § 657-31, serve interested parties, and record any judgment. Use LawDiver to pull recent Hawaii quiet-title and adverse-possession opinions before drafting.
Disclaimer
This guide is general legal information about adverse possession in Hawaii, not legal advice. Statutes and case law change. Confirm the current text of Haw. Rev. Stat. § 657-31 and consult a licensed Hawaii real-estate attorney about your parcel before filing or relying on a possession claim.