Which of the following properties cannot have title claimed by adverse possession in Hawaii?

Which of the following properties cannot have title claimed by adverse possession in Hawaii?

• A. Residential lots under 5 acres
• B. Parcels larger than 5 acres
• C. Vacant land
• D. Commercial properties

Answer: (B)

In Hawaii, adverse possession is a legal doctrine allowing a person to claim ownership of land under certain conditions, typically involving continuous and open use of the property without the permission of the true owner for a specified period, often 20 years. However, there are specific rules regarding the types of properties that can be claimed through adverse possession. Parcels larger than 5 acres cannot have title claimed by adverse possession in Hawaii. The rationale behind this limitation stems from the state's public policy aimed at protecting larger landholdings from potential claims that could disrupt legitimate ownership and land use. By restricting adverse possession on larger properties, Hawaii seeks to maintain stability in land ownership and use by preventing individuals from claiming significant pieces of land they have not formally owned or for which they have not demonstrated significant and long-term investment or use. Smaller residential lots, vacant land, and commercial properties—provided they are under the specified acreage—can potentially qualify for adverse possession claims as they permit more attuned flexibility in ownership claims through continuous occupation or use. Thus, the limitations placed on larger parcels are critical to understanding the legal landscape of property ownership and rights in Hawaii.

In Hawaii, adverse possession is a legal doctrine allowing a person to claim ownership of land under certain conditions, typically involving continuous and open use of the property without the permission of the true owner for a specified period, often 20 years. However, there are specific rules regarding the types of properties that can be claimed through adverse possession.

Parcels larger than 5 acres cannot have title claimed by adverse possession in Hawaii. The rationale behind this limitation stems from the state's public policy aimed at protecting larger landholdings from potential claims that could disrupt legitimate ownership and land use. By restricting adverse possession on larger properties, Hawaii seeks to maintain stability in land ownership and use by preventing individuals from claiming significant pieces of land they have not formally owned or for which they have not demonstrated significant and long-term investment or use.

Smaller residential lots, vacant land, and commercial properties—provided they are under the specified acreage—can potentially qualify for adverse possession claims as they permit more attuned flexibility in ownership claims through continuous occupation or use. Thus, the limitations placed on larger parcels are critical to understanding the legal landscape of property ownership and rights in Hawaii.