Easement in Hawaii
State-specific overview · Property & Real Estate
Hawaii recognizes easements as property interests but requires clear evidence of intent and strict compliance with creation formalities.
How Hawaii treats Easement
Hawaii courts apply traditional common-law principles to easement creation, requiring that easements be in writing and properly recorded to bind successors. Easements by necessity are available when landlocked property has no other reasonable access. Hawaii's courts scrutinize implied easements carefully, demanding clear and convincing evidence of the parties' original intent. The state also recognizes conservation easements under Hawaii Revised Statutes Chapter 205, allowing landowners to restrict development while receiving tax benefits.
The general definition of Easement
The right to use someone else's land for a specific purpose, like crossing it or running utilities.
An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.
Read the full Easement entry →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.