§657-33 Action accrues when.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§657-33 Action accrues when. In the construction of this part, the right to make an entry or commence an action shall be deemed to have first accrued at the following times:

(1)When any person is disseised, that person's right of entry or action shall be deemed to have accrued at the time of the disseisin;

(2)When any person claims as heir or devisee of one who died seised, that person's right shall be deemed to have accrued at the time of the death, unless there is an estate by the curtesy or in dower, or some other estate intervening after the death of the ancestor or devisor, in which case that person's right shall be deemed to have accrued when the intermediate estate shall expire, or when it would have expired by its own limitation;

(3)Where there is an intermediate estate, and in all other cases, where a party claims in remainder, or reversion, that party's right so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which that party might have entered at an earlier time;

(4)Paragraph

(3)shall not prevent any person from entering, when entitled to do so, by reason of any forfeiture or breach of condition, but if a person claims under such a title, that person's right shall be deemed to have accrued when the forfeiture was incurred or condition broken; and

(5)In the cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom the claimant claims, first became entitled to the possession of the premises under the title upon which the entry or action is founded. [L 1870, c 22, §3; RL 1925, §2659; RL 1935, §3930; RL 1945, §10441; RL 1955, §241-32; HRS §657-33; am L 2016, c 55, §35]

Case Notes

Remaindermen and life tenants. 18 H. 625 (1908), aff'd, 222 U.S. 285 (1911).

Entry means entry by claimant personally as well as entry through another. 54 H. 489, 510 P.2d 93 (1973).

Cited: 19 H. 602, 605 (1909); 19 H. 681, 683 (1909).

Cited: 133 H. 425 (App.), 329 P.3d 330 (2014).