History of Hawaiian Real Estate
History
Prior to the orgin of Hawaii's land system in the 1840's, the kings
were the sovereign owners of all the islands. The picture above
is of Iolani Palace, the only Royal Palace in America. The original
unit of land, the "ahupuaa," usually extended from the
shore to the mountain top, with rights in the adjoining sea waters,
providing occupants with the means of supplying all their wants.
The sea for fish, the inland for coconuts, the valley for taro,
the lower slopes for sweet potatoes, yams, etc. and the mountains
for wood and hunting.
The next subdivision of land was called the "ili" and
could be either subservient to the "ahupuaa" or independent.
Within these were small areas called "kuleanas," which
were houselots occupied by the common people, who also had certain
native rights of fishery, water, and mountain products. These lands
were often redistributed by a conqueror or a successor king.
In 1845 a major step to reform this system occured when a Land
Commission was created by King Kamehameha III. The most important
reform was the Great Mahele, or division of lands, which took place
in 1848 and became the basis for modern land titles in the Islands.
Old tenures were eventually changed to the allodial system of absolute
ownership, and the interests of the government, crown, chiefs and
common people were severed. As new claims were adjudicated by a
board to determine ownership rights, Hawaii's ancient landholding
system was gradually replaced. For this reason, a chain of title
to Hawaiian land need only be traced back to the 1840's to the original
grant or patent.
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Geography
Today Hawaii consists of 124 islands situated in the Pacific Ocean.
Of these, the eight major comprise a land area of approximately 6,470
square miles broken down as follows: Hawaii, 4,035 sq. mi.; Maui,
734 sq. mi.; Oahu, 617 sq. mi.; Kauai, 558 sq. mi.; Molokai, 263 sq.
mi.; Lanai, 141 sq. mi.; Niihau, 71 sq. mi.; and Kahoolawe, 45 sq.
mi. It is interesting to note that of this land, the State, County
and Federal governments are the largest landowners, controlling approximately
39% of the total area. An additional 24% is owned by less than 6 individuals,
corporations and trusts, many of which are descended from early missionaries
and traders. As can be readily seen, this leaves approximately 37%
for all other private individual landowners. |
Island of Oahu
The picture above is of the Legislature Building, and Kamehameha statue.
Originaly built as the King's Royal Palace by my great great grand
father Robert Lishman, but taken over by the legislature. The island
of Oahu is comprised of 386,188 acres, of which there are 92,583 acres
estimated to be in urban districts, 154,882 in conservation, and 138,723
for agricultural use. The island contains the City and County of Honolulu,
the smallest of the four counties in size, but the one which has nearly
3/4 of the State's population (836,207) and serves as the seat of
the State government. Oahu is also home to the 40,000-student flagship
University of Hawaii system and the state's banking and financial
headquarters.
We like to extend a special thanks to Mr. John Reilly, Attorney
with Pitluck Kido Sato & Stone and Trade Publishing Company,
Ltd. for most of the above information.
Lease versus Fee Simple
In Hawai'i we have a much larger percentage of residential lands
held in lease than most other areas.
When you buy a leasehold home, you're buying the right to use the
home (or improvements) for a fixed time period, but not the land
on which the house sits. An annual lease fee, usually fixed for
a long term, is paid to a landowner.
Leasehold homes are significantly cheaper to purchase than homes
(or improvements) made on fee-simple land, but beware, leases have
much uncertainty attached to them. Many leasehold properties are
20 to 30 years old now and up for renegotiation from their original
terms and the cost today can be high based on current market values.
Fee-simple homes also include the land on which it sits, cost more,
but does provide greater security and resale value.
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