Detailed Answer — How Hawaii courts divide land when some acres are better than others
This FAQ explains how a Hawaii court typically handles a partition action when parts of the land differ in quality or value. It assumes no specialist knowledge. This is educational information only and not legal advice.
What is a partition action in Hawaii?
A partition action is a lawsuit brought by one or more co-owners to divide real property or force its sale so each owner can receive their share. Hawaii law provides the court tools to divide land fairly or to sell the property and distribute the proceeds. See Hawaii Revised Statutes, chapter on partition: Haw. Rev. Stat. chapter 669.
Two main outcomes: partition in kind or partition by sale
The court has two primary remedies:
- Partition in kind. The court divides the parcel into separate physical portions so each owner holds real property in severalty. Courts prefer this if practical.
- Partition by sale. When a fair physical division is impractical or would be inequitable, the court orders a sale and distributes the sale proceeds among owners according to their interests.
When acreage values differ, how does the court make the split fair?
When some acres are substantially more valuable (for example, waterfront or buildable acres versus steep, unbuildable hillside), the court tries to reach an equitable result. Typical approaches include:
- Adjust acreage amounts. The court can give a larger number of lower-value acres to one owner and fewer higher-value acres to another, so each owner receives roughly equal market value rather than equal acreage.
- Monetary equalization (cash credits or liens). If one co-owner receives a tract worth more than their share, the court can require that owner to pay the difference to the other owners or accept a lien or judgment to equalize value.
- Sale of high-value portions and division of proceeds. The court may order sale of the most valuable portion(s) while partitioning the remainder. Sale proceeds get divided to equalize the shares.
- Buyout option. A co-owner may buy out others at an agreed or court-determined value for the desirable portion(s), often after appraisal.
- Appointment of commissioners or referees. The court often appoints neutral commissioners to survey, value, and propose a practical division, then report to the court for approval.
How does the court determine value?
Value generally reflects fair market value for each portion. The court relies on appraisals, surveys, and evidence about:
- Zoning, permitted uses, and highest and best use.
- Access and utilities.
- Physical characteristics (topography, soil, vegetation).
- Improvements and special features (waterfront, views).
- Existing leases, easements, mortgages, and liens.
The court weighs appraisals and may order its own appraisal or hear testimony from experts.
Practical example (hypothetical)
Three co-owners jointly own 30 acres. Twenty-five acres are steep and marginal for building; five acres are flat with ocean access and much higher market value. The court has several realistic options:
- Give the owner who gets the 5-acre ocean parcel a monetary credit equal to the value difference, and give the other two owners larger shares of the lower-value acreage.
- Sell the 5-acre ocean parcel and split proceeds among the three owners, then divide the remaining acreage by tiers.
- Let one or more owners buy the others’ interests in the ocean parcel at appraised value.
Who pays costs, taxes, and liens?
The court usually orders that costs of the partition (commissions, appraisals, attorney fees if allowed, and sale costs) be paid from sale proceeds or allocated among the parties before distribution. Existing mortgages and liens typically remain attached to the property and must be resolved or paid at sale.
Where to look in Hawaii law
Hawaii’s statutes governing partition procedures are collected at the state statutes site: Haw. Rev. Stat. chapter 669 (Partition). That chapter describes how partition actions proceed and how courts appoint commissioners, handle sales, and distribute proceeds.
Limitations and special issues in Hawaii
- Environmental, shoreline, and conservation restrictions can reduce realizable value for certain acres.
- Native Hawaiian rights, public trust shorelines, and state shoreline setbacks can limit development and affect value.
- Access problems (no road or legal easement) often push courts toward sale rather than in-kind division.
Disclaimer: This is general information only and does not create an attorney–client relationship. This is not legal advice. Consult a licensed Hawaii attorney for guidance about your specific situation.
Helpful Hints — What to do if you’re involved in a partition in Hawaii
- Obtain a current, qualified appraisal that values different portions separately. Appraisals are often the core evidence the court uses.
- Get a survey and legal descriptions. Accurate boundaries and topography matter for division.
- Compile deeds, mortgage documents, leases, easements, taxes, and title reports before filing or responding.
- Consider mediation or negotiation first. Parties often reach buyouts or trading agreements that save time and costs.
- Ask the court for commissioners or a special master if you and the co-owners cannot agree on a fair split.
- Factor in carrying costs (taxes, insurance, upkeep) while the case is pending—these affect net proceeds and equalization calculations.
- Talk to a real estate attorney experienced in Hawaii partition law early. They can evaluate whether in-kind division, sale, or buyout is most likely and protect your financial interests.