Adverse Possession in Hawaii

State-specific overview · Property & Real Estate

Quick summary

Hawaii requires 20 years of continuous, open possession to claim adverse possession of land.

How Hawaii treats Adverse Possession

Hawaii follows the standard adverse possession doctrine but imposes a 20-year statutory period under Hawaii Revised Statutes § 669-1. The possession must be actual, open, notorious, exclusive, and continuous without the owner's permission. Hawaii courts strictly construe adverse possession claims and rarely grant them, particularly when the true owner has made any effort to assert rights or when the claimant's possession is ambiguous or permissive in nature.

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The general definition of Adverse Possession

Gaining legal ownership of land by occupying it openly and continuously for a set period.

If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Hawaii.