Hawaii Statewide Rule
Hawaii Adverse Possession (Squatters' Rights)
Key Facts
- Limitation period
- 20 years (HRS § 657-31)
- Acreage limit
- Five acres or less for claims after Nov. 7, 1978 (HRS § 657-31.5)
- Prior-claim bar
- No similar adverse claim asserted within the past 20 years
- Grandfather clause
- Claims completing 20 years before Nov. 7, 1978 preserved
Summary
Hawaii makes adverse possession very hard to claim. HRS § 657-31 bars an action to recover land after twenty years, but HRS § 657-31.5 limits any adverse-possession claim accruing after November 7, 1978 to parcels of five acres or less and bars claimants who asserted a similar claim within the prior twenty years.
§657-31.5 Adverse possession. In an action under this part where the person defending the action claims by adverse possession in excess of the period of limitation, said claim can only be made: (1) If the real property which is the subject of the action is five acres or less; and (2) Where the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years; however, this shall not include similar claims made before November 7, 1978.
Full Breakdown
HRS § 657-31 sets the baseline period: 'No person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued.' HRS § 657-31.5 then sharply restricts modern claims: a person may claim adverse possession only 'if the real property which is the subject of the action is five acres or less' and 'the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years,' excluding claims made before November 7, 1978. A grandfather clause preserves claims completing twenty years before that date. The possessor must still prove open, notorious, hostile, continuous, and exclusive possession.
Violations & Penalties
No specific statutory penalty. A squatter on a parcel larger than five acres (post-1978) or who recently made a similar claim cannot acquire title; the record owner may recover possession through an ejectment or quiet-title action within the 20-year window.
Frequently Asked Questions
How long must a squatter possess land to claim adverse possession in Hawaii?
Can someone adversely possess a large parcel in Hawaii?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.