2008-03-17_Daniel_Johnson_v_State_Civil_06-1-0303_Defendant_County_of_Hawaii's_Motion_for_Summary_Judgment_filed_March_17_2008

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0 0 (See Exhibit"C"attached hereto). The Bureau of Conveyances also shows that on September 9, 2005, Donna May Tarape deeded the subject property to Laurie Ann Bass which Quitclaim Deed was recorded February 12, 2007. (See Exhibit "D" attached hereto). The evidence in the form of recorded conveyances shows that a person by the name of Laurie Ann Bass was the owner of the subject property on August 1, 2006. No recorded documents can be found which vest title either wholly or partially to Plaintiff. Defendant County of Hawaii ("County") asserts that Plaintiff has no standing to bring an action for damage to a parcel of property within which he can show no legal interest. Real Property Tax Records also show that Daniel A. Johnson never appears on the tax rolls as an owner of the subject property. (See Declaration of Michael J. Udovic). While each of the conveyances noted above are shown. All available data shows that Plaintiff has no legal interest in the subject property. Section 502-83, Hawaii Revised Statutes ("HRS")provides that a Bona Fide purchaser can protect against an unrecorded interest and provides that: § 502-83 Effect of not recording deed, leases, etc. All deeds, leases for a term of more than one year, mortgages of any interest in real estate, or other conveyances of real estate within the State, shall be recorded in the bureau of conveyances. Every such conveyance not so recorded is void as against any subsequent purchaser, lessee, or mortgagee, in good faith and for a valuable consideration, not having actual notice of the conveyance of the same real estate, or any portion thereof, or interest therein, whose conveyance is first duly recorded. Since no recorded document of title exists to show any ownership interest by Plaintiff, the available evidence shows that Laurie Ann Bass was the owner of the property at the time of the fire as well as at this time. 3