Ka Wai Ola - Office of Hawaiian Affairs, Volume 39, Number 6, 1 June 2022 — E NHLC... [ARTICLE+ILLUSTRATION]

E NHLC...

1 E NINAU IA NHLC V 1 ASK ĪHE NATIVE HAWAIIAN LEGAL CORPORATION "

I found records in 0HA's Kīpuka Database that my ancestor was awarded, and owned, kuleana lands. I am a direct descendant and want to reclaim ownership of these lands. What do I do next? By Li'ulā Kotaki, NHLC Staff Attorney Discovering our kūpuna's connections to aina in puhlie records is exciting. These records ean raise questions about who legally owns the parcel of land today. If you're not sure, the next step is to research the ehain of title - or complete history of ownership - since the land was awarded. The records that you found are likely a Land Commission Award or a Royal Patent. A Land Commission Award granted ownership of property to a makaainana (commoner) claimed under the Kuleana Land Act of 1850. A Royal Patent shows that payment was made, and the government no longer claims to own it. These lands are commonly known as "kuleana lands." 'Ohana are sometimes unsure about whether kuleana lands ean be sold or otherwise transferred outside of their 'ohana. Hawai'i's courts have consistently treated kuleana lands as fee simple property. This means that kuleana land ean be transferred in all the ways that fee simple land ean be transferred. As a result, title to kuleana land ean be permanently transferred outside of the 'ohana. These are examples of how fee simple land transfers ean occur: • by sale • as a gift • through inheritance or as a gift in a will • partially, by partition or land division • as a loss in foreclosure (if used to secure a mortgage, or due to non-payment of taxes or a elaim of adverse possession) If you do not already have documents showing all of the ownership history to the property

since your kupuna's grant up to today, research is needed to establish and document that history. This history and documentation is called the "ehain of title" for the land. Researching ehain of title means finding the links in the ehain since your kupuna's grant, or in other words, the later owners. The information needed relates to the land's ownership, including any deeds showing sales, gifts, or other transfers. Court cases dealing with the land ean also provide documentation of ownership transfers. Genealogy ean be important for filling in breaks in the ehain too - for example, when someone dies, and the property passes to family by inheritance. Some 'ohana continue to own and hold legal title to kuleana lands granted to their kūpuna. For others, only part of the 'ohana continues to hold legal title. This happens when someone leaves the property by will to one 'ohana member instead of to all their descendants. And, unfortunately, some 'ohana no longer have legal elaim or title to their kūpuna's kuleana land at all, due to sales or other land transfers. Eaeh 'ohana and parcel of land has a unique history that must be researched and documented. You ean hire title search companies to research the ehain of title, and some law firms do this work as well. You ean also look for self-help resources. Title Searchingfor the Non-Profession-al, by Jackie Mahi Erickson, is available online for free at www.ulukau.org and provides title research guidance. You should seek legal advice if you believe that you ean document legal rights to kuleana land but do not currently have title, or are facing a challenge by others. Importantly, if your 'ohana is named in a lawsuit or served a legal complaint regarding title to land, there is a very short period of time to respond. Seek assistance from legal counsel as soon as possible to best preserve your rights. ■ E Nīnau iā NHLC provides general information about the law, not legal advice. You ean contact NHLC about your legal needs by calling NHLC's office at 808-521-2302. You ean also learn more about NHLC at nativehawaiianlegalcorp.org. The Native Hawaiian Legal Corporation (NHLC) is a nonprofit law firm dedicated to the advancement and protection of Native Hawaiian identity and culture. Eaeh month, NHLC attorneys will answer questions from readers about legal issues relating to Native Hawaiian rights and protections, including issues regarding housing, land, water, and traditional and cultural practice. You ean submit questions at NinauNHLC@nhlchi.org.