Property Disputes in Honolulu, HI

Property disputes in Hawaii are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Honolulu, Hawaii. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Honolulu, HI property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

Your Honolulu property dispute falls under the jurisdiction of the Oahu 1st Circuit. If your case involves more than $40,000, the Circuit Court has exclusive jurisdiction. However, for smaller cases, the District Court has concurrent jurisdiction.

Common Types of Honolulu, Hawaii Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Honolulu where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Honolulu, Hawaii Property Disputes

Trees that grow on or near a property line are a common cause of Honolulu property disputes. Hawaii, like most states, permits you to trim branches from your neighbor’s tree if they overhang your property. However, if the branch constitutes a nuisance, your neighbor may also be liable for any costs or damages you incur. Hawaii courts have held that if the branches cause or are in imminent danger of causing actual harm, the tree owner is responsible.

Living or working near a Honolulu agricultural operation can also cause disputes between neighbors. However, Hawaii’s Right to Farm Act protects these operations from many nuisance lawsuits. Hawaii’s laws are relatively broad, covering everything from crops and livestock to farmer’s markets and farm labor operations. However, they only apply to commercial operations. In fact, the City of Honolulu specifically defines farm animals as a nuisance in non-commercial settings.

Legal Process for Boundary Disputes In Honolulu, Hawaii

Has someone brought a property dispute against you in Honolulu, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Honolulu, HI property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

The Honolulu Fence Code sets parameters for the size and construction of most fences in the city. For example, barbed or razor wire is only permissible around certain types of property. It also has to be at least 6 feet off the ground. In addition to these local rules, Hawaii statutes govern boundary fences and disputes. Furthermore, Hawaii allows some leeway for de minimis encroachment, when a fence or other structure does not exactly follow a property line.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Honolulu, Hawaii can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Honolulu attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Honolulu, HI property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

The Oahu 1st Circuit will handle your Honolulu property dispute. Depending on the size of your case, it may fall under the jurisdiction of the Circuit Court, the District Court, or both.

Work With an Experienced Local Property Dispute Lawyer In Honolulu, Hawaii

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Honolulu property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Hawaii state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!