Squatters Rights Hawaii Summary
Statutory Period
20 years of continuous possession required
Primary Statute
Hawaii Revised Statutes § 657-31 to § 657-38
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Proving the claim by clear and convincing evidence
- For claims on property 5 acres or less, additional restrictions apply
- Cultivation or improvement of the land appropriate to its character
Squatters Rights 30 Days Hawaii
There is a pervasive misconception that squatters in Hawaii can gain legal rights after just 30 days of occupation. This claim is completely false and has no basis in Hawaii state law. Understanding the actual legal requirements is important for both property owners and occupants.
Origins of the 30-Day Myth in Hawaii
This misinformation stems from several sources:
- Confusion with tenant laws: Hawaii's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Hawaii is 20 years, not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Hawaii's 2025 Squatter Removal Process
Hawaii law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Hawaii's criminal trespass laws
- For situations requiring court action, Hawaii offers a specialized ejectment process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Hawaii's trespassing laws provide clearer remedies for property owners dealing with unauthorized occupants
Important 2025 Update: Hawaii has strengthened its trespassing laws to better address squatting situations. For actual adverse possession in Hawaii, a claimant must occupy the property for 20 years continuously, not 30 days as commonly misunderstood. Additionally, Hawaii Revised Statutes § 657-31.5 places additional restrictions on adverse possession claims, particularly for properties of 5 acres or less, and limits when claimants can make multiple adverse possession claims.
Overview of Adverse Possession in Hawaii
Key information about squatter's rights in Hawaii
Hawaii's adverse possession laws require a full 20-year period of continuous possession, with special provisions for properties 5 acres or less. The state's unique geography, cultural history, and land division system create additional considerations not found in other states.
Statutory Time Requirements
Hawaii requires a continuous 20-year period of adverse possession under HRS § 657-31. This is longer than many other states, reflecting Hawaii's strong property protections.
Prior to 1973, Hawaii had a shorter 10-year period, but this was extended to 20 years. Cases that began before this change may still be governed by the previous 10-year period under a saving clause.
Reference: Hawaii Revised Statutes
Common Law Elements
To establish adverse possession in Hawaii, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire 20-year period
Hawaii courts have emphasized that exclusivity of possession is essential to a valid adverse possession claim, and have clarified that "hostility" refers to possession without permission rather than ill intent.
Hawaii's Unique Considerations
Hawaii's adverse possession law recognizes the state's unique land history and tropical island geography:
- Traditional Hawaiian land divisions (ahupua'a) can impact adverse possession claims
- Kuleana lands (traditional family parcels) may have special consideration
- Hawaii courts consider traditional and customary Hawaiian practices when evaluating land use
- For properties 5 acres or less, HRS § 657-31.5 places additional restrictions on adverse possession claims
- Courts recognize that appropriate land use may include maintaining or harvesting native plants, creating access paths, or coastal usage appropriate to island properties
These adaptations acknowledge the practical realities of maintaining land in Hawaii's unique tropical island environment and cultural context.
Hawaii Adverse Possession Statutes
Hawaii Revised Statutes § 657-31. Twenty years.
No person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued.
Hawaii Revised Statutes § 657-31.5. Adverse possession.
In an action under this part where the person defending the action claims by adverse possession in excess of the period of limitation, said claim can only be made:
(1) If the real property which is the subject of the action is five acres or less; and
(2) Where the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years; however, this shall not include similar claims made before November 7, 1978.
However, any person defending an action under this part may claim adverse possession if that person's time period of adverse possession of the land exceeded twenty years prior to November 7, 1978, or exceeded other earlier applicable time periods of adverse possession.
Important Legal Notes
- Hawaii courts have consistently held that exclusivity of possession is essential to a claim of adverse possession.
- Hawaii courts have recognized that seasonal use of property can satisfy the "continuous" requirement if such use is consistent with how an owner would normally use the property.
- Under Hawaii law, a tenant in common claiming adverse possession against co-tenants must prove they acted in good faith, which typically requires actual notice to the co-tenants of the claim.
- Hawaii specifically exempts government-owned lands from adverse possession claims.
- A saving clause in a 1973 amendment allows for the application of the prior law's ten-year period of limitations in some adverse possession cases that began before that date.
Key Hawaii Adverse Possession Cases
State v. Zimring (1977)
The Hawaii Supreme Court confirmed that the state could not lose title to land through adverse possession. This case established that government lands cannot be adversely possessed in Hawaii, which is particularly significant given the large percentage of state-owned land in Hawaii.
Morinoue v. Roy (1982)
The Hawaii Court of Appeals applied the saving clause in the 1973 amendment, ruling that the prior law's ten-year period of limitations applied in this adverse possession case because it began before the statutory change. This case helps clarify when the 10-year vs. 20-year period applies.
Gomes v. Upchurch (1976)
This case established that exclusivity of possession is essential to a claim of adverse possession in Hawaii. The court held that the claimant must possess the property to the exclusion of all others, including the true owner.
Kalipi v. Hawaiian Trust Co. (1979)
The Hawaii Supreme Court addressed the "hostility" element of adverse possession, ruling that hostility in this context simply means without the true owner's permission, rather than requiring ill intent or animosity. This case is frequently cited in boundary disputes.
Hustace v. Jones (1973)
The Hawaii Supreme Court clarified that "entry" in the adverse possession context means entry by the claimant personally as well as entry through another person. This expanded the understanding of who can establish actual possession on behalf of a claimant.
Kalaukoa v. Keawe (1976)
This case established that a tenant in common claiming adverse possession against co-tenants must prove the tenant acted in good faith, which in most cases mandates actual notice to the tenant's co-tenants of the claim. This creates a higher standard for adverse possession claims between co-owners.
Hawaii Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Hawaii, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under Hawaii Statutes § 12-526, OR
- 5-year requirement (with color of title and tax payment) under Hawaii Statutes § 12-527
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
Hawaii property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Hawaii provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Hawaii's criminal trespass laws (Hawaii Statutes § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is Hawaii's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under Hawaii Statutes § 13-1502 to § 13-1504.
Important: Hawaii law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Hawaii to claim adverse possession?
In Hawaii, adverse possession requires a continuous 20-year period under HRS § 657-31. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation. Prior to 1973, Hawaii had a 10-year period, and some claims that began before this change may still be governed by the previous timeframe.
What constitutes appropriate land use in Hawaii's adverse possession claims?
Hawaii courts recognize that appropriate land use varies based on the character and location of the property. Activities like maintaining boundary markers, building structures, creating access paths, cultivating native plants, or using the property in ways consistent with local customs can satisfy the actual possession requirement. The courts take a practical approach that acknowledges Hawaii's unique environment and cultural practices.
What are the restrictions on adverse possession claims for small properties in Hawaii?
Under HRS § 657-31.5, for properties that are five acres or less, the person claiming adverse possession must not have asserted any similar claim within the past twenty years. This restriction helps prevent serial adverse possession claims on small properties, which are particularly valuable in Hawaii's limited land area.
Can I legally remove squatters from my property in Hawaii?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance. In other cases, you must use Hawaii's ejectment process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Hawaii and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Hawaii?
No. Hawaii law specifically exempts land owned by the state of Hawaii, the federal government, counties, cities, and other public entities from adverse possession claims. This was established in State v. Zimring (1977) and is particularly significant in Hawaii, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Hawaii?
No. This is a common misconception. In Hawaii, adverse possession requires 20 years of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Hawaii.