A Hawaii special warranty deed transfers real property with a narrow promise from the seller: that nothing the seller did during their ownership clouded the title. To use one, you draft the deed yourself or through an attorney (Hawaii does not supply forms), format it to Bureau of Conveyances standards, sign it before a notary, pay the conveyance tax, and record the deed at the statewide Bureau of Conveyances in Honolulu.
What the Deed Actually Promises
The grantor warrants only that they personally have not encumbered the property or allowed liens or claims to attach during the period they held title. Standard language says the grantor will “warrant and defend” the property “against the lawful claims and demands of all persons claiming by, through, or under Grantor.”1Hawaii Community Development Authority. Limited Warranty Deed If a prior owner created a lien or boundary problem decades ago, the grantee has no recourse against this grantor for it.
That is the key difference from a general warranty deed, which covers the full chain of title, and from a quitclaim, which makes no title promises at all. If you need title assurance going back further than the current owner’s tenure, a special warranty deed is not the right instrument.
Information to Gather Before Drafting
The Bureau of Conveyances does not publish deed templates and recommends working with an attorney or title company.2Bureau of Conveyances. FAQs Whatever drafting route you take, the deed needs the following.
Parties and How the Grantee Will Hold Title
List the full legal names of every grantor and grantee. Land Court rules specifically require the grantee’s marital status and, if married, the full name of the spouse, along with a mailing address.3Hawaii State Judiciary. Rules of the Land Court Including this information for Regular System deeds is standard practice and avoids recording headaches.
State how the grantee will hold title. Common options are joint tenancy (two or more owners with a right of survivorship), tenancy in common (separate divisible shares with no automatic survivorship), and tenancy by the entirety (available only to married couples, with the survivor automatically becoming sole owner). The wrong choice can create unintended estate-planning and creditor consequences, so this decision deserves an attorney conversation before signing.
Legal Description and Tax Map Key
Every deed must include the property’s full legal description, taken from a prior recorded deed or title report. A street address is not enough, and the description must match county records exactly. Even small discrepancies can prompt rejection or create chain-of-title gaps.
You also need the Tax Map Key (TMK), a nine-digit identifier.4Hawaii Office of Planning and Sustainable Development. Entering a TMK Number It appears on prior deeds, property tax bills, and the counties’ online property search sites.
Consideration
State what the grantee is paying for the property. This figure appears both in the deed and on the conveyance tax certificate. Transfers between family members or into a trust often use nominal consideration (“$10 and other good and valuable consideration”) in the deed, but the conveyance tax form still asks for the actual value.
Formatting the Deed to Bureau Specifications
The Bureau enforces specific formatting rules. A deed that misses them can be refused at the counter or mailed back, costing weeks.
- Paper is 8.5 by 11 inches only, including exhibits and legal descriptions.
- The top three and a half inches of page one must be blank. The Bureau stamps its recording information there.
- The return address block sits in the one-inch space directly below that header area, starting one and a half inches from the left margin, with no line exceeding three and a half inches.
- The whole document must reproduce clearly under photographic or electrostatic copying. There is no minimum font size, but anything the Bureau considers illegible can be rejected.
For Land Court properties, the deed must also reference the certificate of title number affected. If the deed creates a new certificate, leave a blank space for the assistant registrar to fill in the new number.3Hawaii State Judiciary. Rules of the Land Court
Signing and Notarization
The grantor signs in front of a notary public. Hawaii Revised Statutes ยง 502-41 requires a certificate of acknowledgment attached to any conveyance before it can be recorded. The notary verifies identity, confirms the signature is voluntary, and attaches a jurat with official seal and commission expiration date.6Justia. Hawaii Code 502-41 – Certificate of Acknowledgment; Natural Persons, Corporations For Land Court documents, the notary must also initial the margin next to any interlineation, erasure, or correction.3Hawaii State Judiciary. Rules of the Land Court
The grantee generally does not sign unless the deed includes covenants or obligations the grantee is assuming. Land Court rules can require the grantee’s signature in applicable cases, so check with the Bureau if your parcel is in that system.
Regular System or Land Court
Hawaii has one statewide Bureau of Conveyances, but it runs two parallel recording systems: the Regular System and the Land Court (Torrens) system. You must record in the correct one; filing in the wrong system will not transfer title properly.7Bureau of Conveyances. Bureau of Conveyances
To identify your system, look at the Bureau label on your existing deed. Land Court documents carry a label in the top-left corner with a number preceded by “T.” Regular System documents have their label in the top-right corner. Some older properties were recorded in both (“double system”) and show labels on both sides.2Bureau of Conveyances. FAQs A title company or the Bureau’s public search can confirm the system based on your TMK.
Land Court filings carry extra steps. The Bureau issues a new Transfer Certificate of Title to the grantee, which costs $50 on top of the recording fee. The assistant registrar also verifies the good standing of any entity grantee (corporation, LLC, or partnership) before recording.3Hawaii State Judiciary. Rules of the Land Court
The Conveyance Tax Certificate
Every deed submitted for recording must come with a conveyance tax certificate. Taxable transfers use Form P-64A. Exempt transfers (such as transfers to a trust or a tax-free exchange) use Form P-64B.8Legal Information Institute. Hawaii Code R. 18-247-6 – Certificate of Conveyance Required The certificate and payment are due within 90 days of the transaction date, whether or not the deed itself has been recorded.9Hawaii Department of Taxation. Instructions for Form P-64A
The tax is calculated on the full consideration, including any liens the buyer assumes. Rates are tiered. For buyers who qualify for a county homeowner’s exemption on property tax, rates run from $0.10 per $100 of value on properties under $600,000 up to $1.00 per $100 at $10 million or more. For condos and single-family residences where the buyer does not qualify for the homeowner’s exemption, rates run from $0.15 per $100 under $600,000 up to $1.25 per $100 at the $10 million threshold.10Hawaii Department of Taxation. Hawaii Revised Statutes Chapter 247 – Conveyance Tax The minimum tax on any transaction is $1.
Missing the 90-day deadline triggers a penalty of 5 percent of the tax due per month or partial month, capped at 25 percent, plus interest at two-thirds of one percent per month.9Hawaii Department of Taxation. Instructions for Form P-64A
Recording the Deed
Once the deed is signed, notarized, and paired with the conveyance tax certificate, submit the full package to the Bureau of Conveyances at 1151 Punchbowl Street, Suite 120, Honolulu, HI 96813.7Bureau of Conveyances. Bureau of Conveyances You can file in person, by mail, or through an approved electronic recording vendor. The Bureau’s approved e-recording platforms are Simplifile, CSC E-Recording Solutions, Indecomm, and eRecording Partners Network.11Bureau of Conveyances. e-Recording
Recording fees are due at submission:
- Regular System: $41 per document up to 50 pages, or $106 for 51 pages or more.
- Land Court: $36 per document up to 50 pages, or $101 for 51 pages or more, plus $50 for issuance of a new Certificate of Title.
After processing, the Bureau stamps a recording reference (a document number or book-and-page citation) on the original. That stamp gives constructive notice to the world that ownership has changed. For Land Court properties, the Bureau also issues the grantee a new Transfer Certificate of Title.
Withholding When the Seller Is Not a Hawaii Resident
If the grantor is not a Hawaii resident, the buyer must withhold 7.25 percent of the amount realized (generally the sale price) under the Hawaii Real Property Tax Act, known as HARPTA.12Justia. Hawaii Revised Statutes 235-68 – Withholding of Tax on the Disposition of Hawaii Real Property The withholding runs off the gross sale price, not the seller’s profit, which catches people out.
A seller can avoid HARPTA withholding by giving the buyer Form N-289 if one of three exemptions applies: the seller is a Hawaii resident, the transfer qualifies for non-recognition of gain under the Internal Revenue Code, or the property was the seller’s principal residence for the prior year and the amount realized does not exceed $300,000.13Hawaii Department of Taxation. Certification for Exemption from the Withholding of Tax on the Disposition of Hawaii Real Property
Foreign nationals face an added federal layer. Under the Foreign Investment in Real Property Tax Act (FIRPTA), the buyer must withhold 15 percent of the amount realized and send it to the IRS.14Internal Revenue Service. FIRPTA Withholding A foreign seller not exempt from either act faces combined withholding of 22.25 percent of the gross sale price, which the escrow company usually handles at closing. Both withholdings are credits against the seller’s actual tax liability, so a seller whose true tax bill is lower files for the refund afterward.