HomeMy WebLinkAboutCOM 0452.006 2008-2010
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1 One is by paper title trying to show documents that ~I
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2 Hoolapa transferred title or and that since that
3 transfer in 1878, that title has passed by way of other
4 transfers and conveyances until the present day. The
5 second way they are trying to show title is by adverse
6 possession. And that is that PY have openly, s
7 notoriously possessed the land over twenty years or
8 more.
9 I respect the defense that has been put on
10 by Mr. Kuamoo and Mr. Kaa. And indeed they have pointed
11 out a discrepancy in the chain of title, the paper chain
12 of title that the plaintiffs expert could not explain.
13 And I am therefore unwilling to give title by way of
14 paper, because that discrepancy is major. And as
15 Mr. Kuamoo has put it, a dead person cannot convey
16 property. And Ms. Uahinui could not explain why the
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17 conveyance in 1970 excuse me, in 1878 would have
18 occurred some two or three years after the death of the
19 person she believes is Hoolapa.
20 Nevertheless there has been no defense at
21 all to the second matter, in which the plaintiffs claim
22 title, that being adverse possession. That, in fact,
2.3 the property known as land commission award 9212, apanas -71
,24 1 and 2, was openly and notoriously and continuously and
25 -exclusively used by the plaintiff and/or its
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THIRD CIRCUIT COURT, STATE OF HAWAII I
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1 predecessors from as early as 19 I believe
2 Mr. Andrade said he remembers maybe when he was eight
3 years old or so, early 50s he was born in 1944 and
4 except for some years in the service, he has made the
5 testimony consistent with this well, he has presented
6 the evidence that would show the continuous use.
7 And the other witness as well, Mr. Dale, has
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8 confirmed that during his time, and based on his
9 personal knowledge, this property was openly,
.0 notoriously, continuously, and exclusively used by the
.1 plaintiffs or their successors excuse me, or their
.2 predecessors. And when I say "continuous use," I
.3 include use by lessees.
4 And therefore, as a matter of law, the Court
5 concludes that title to land commission award 9212,
6 apanas 1 and 2, by adverse possession, is vested in the
7 plaintiff. Mr. Scearce, we'll ask you to prepare that
8 order, please.
9 MR. SCEARCE: Yes, Your Honor. Thank you.
0 THE COURT: Thank you very much. We'll
1 stand in recess.
2 (Whereupon the Court recessed.)
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1 C E R T I F I C A T E
2 STATE OF HAWAII )
3 COUNTY OF HAWAII )
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4 I, JENNIFER WHETSTONE, CSR 421, RPR, RMR,.
5 and an Official Court Reporter for the Third Circuit
6 Court, State of Hawaii, do hereby certify that the
7 foregoing comprises a full, true, and correct
8 transcription of my stenographic notes taken in the
9 above-entitled cause.
LO Dated this 1st day of August, 2001.
11 12 OFFICIAL COURT REPORTER
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THIRD CIRCUIT COURT, STATE OF HAWAII