Squatters Rights in Hawaii: 20-Year Adverse Possession Law
Hawaii requires 20 continuous years of open, notorious, hostile, and exclusive possession — among the longest periods nationally. As of mid-2026, Hawaii had not enacted a criminal squatting statute; a 2025 bill instead proposed studying the issue.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
Hawaii vs Neighboring States: Quick Comparison
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 5 years
- Tax Payment Required
- Yes
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in Hawaii
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in Hawaii
To claim ownership of property through adverse possession in Hawaii, a claimant must possess the land for 20 years while meeting the legal requirements established under state law.
Legal Basis and Statutory Period
Hawaii’s adverse possession law is codified under Haw. Rev. Stat. § 669-1. The standard statutory period is 20 years of continuous, open, and hostile possession.
Property Tax Requirements
Hawaii does not condition adverse possession on tax payment.
Color of Title Rules
Hawaii's statute does not offer a shortened period for color of title.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 20 years
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Recent Law Changes in Hawaii
No major legislative changes enacted as of mid-2026. House Bill 225 (2025) proposed a working group within the Department of the Attorney General to study squatting and recommend legislation, but was deferred in committee in February 2025 rather than advanced into law.
Hawaii Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Hawaii, a claimant typically must:
- File a quiet title action in the circuit court of the circuit where the property is located, under Haw. Rev. Stat. § 669-1
- Provide evidence of at least 20 years of possession under Haw. Rev. Stat. § 657-31
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous, and show good-faith belief in ownership based on inheritance, a written instrument, or a court judgment
- For parcels of five acres or less, confirm the claim isn't barred by Haw. Rev. Stat. § 657-31.5, which prevents the same claimant from asserting a similar adverse possession claim more than once in 20 years
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate Bureau of Conveyances or Land Court office to establish clear title to the property. Note that Hawaii's period was 10 years before a 1973 amendment restored it to 20 years, so claims that fully matured before the change may still be governed by the old 10-year rule.
Defending Against Squatters
Hawaii property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing. Land held by the state or counties for public purposes cannot be lost to adverse possession, per State v. Zimring (1977).
Removing Squatters
Hawaii provides property owners with several options for removing unauthorized occupants:
- Law enforcement assistance: for clear cases of trespassing, request assistance from law enforcement under Hawaii's criminal trespass laws (Haw. Rev. Stat. §§ 708-813 to 708-815)
- Summary possession action: file a complaint for summary possession with the district court of the circuit where the property is located (Haw. Rev. Stat. ch. 666)
- Attend the hearing, typically scheduled within about 5-10 days
- If successful, obtain a writ of possession
- Have the sheriff, police officer, or authorized process server execute the writ to remove the occupants
Hawaii law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Notable Hawaii Adverse Possession Cases
State by Kobayashi v. Zimring (1977)
58 Haw. 106, 566 P.2d 725 (1977)
When a 1955 Puna volcanic eruption added roughly 7.9 acres of new lava land to the island of Hawaii, the state sued to quiet title against a couple who had treated the new land as an extension of their property. The Hawaii Supreme Court held that lava-created land vests in the state in trust for the public and, more broadly, that there cannot be adverse possession against the sovereign, though it found the state was equitably barred from reclaiming this particular parcel because its own delay had led the couple to believe they owned it.
Hustace v. Jones (1981)
2 Haw. App. 234, 629 P.2d 1151 (1981)
Neighboring Molokai ranchers disputed their common boundary after one had erected and maintained a fence along an old fence line since 1934, grazing cattle up to it for decades. The Intermediate Court of Appeals held that possession up to the fence line was adequately proven to be hostile and continuous for the statutory period, but it reversed as to a small triangular strip beyond the fence that the claimant had not actually used or occupied.
Gomes v. Upchurch (1967)
50 Haw. 125, 432 P.2d 890 (1967)
Trustees of a Kona family estate sued neighbors over roughly two acres included within a stone-walled cattle pasture that had been used as a fattening pen since 1928; when a neighbor built a four-strand fence through the disputed area decades later, the family tore it down. The Hawaii Supreme Court held that this continuous exclusive grazing use, combined with tearing down the encroaching fence to reassert their claim, gave the true owner ample notice and satisfied the exclusivity and hostility elements of adverse possession.
City and County of Honolulu v. Bennett (1976)
57 Haw. 195, 552 P.2d 1380 (1976)
In a dispute over land traced back to a Queen Kalama probate order, one family claimed that even if their deeds only ever conveyed a cotenancy interest, decades of sole possession since 1880 had ripened into full ownership by adverse possession against their co-tenants. The Hawaii Supreme Court held that a cotenant claiming adversely against a co-tenant who is not a blood relative need not prove the co-tenant had actual notice of the adverse claim, distinguishing the stricter actual-notice rule that applies between related co-tenants.
Frequently Asked Questions About Hawaii Adverse Possession
How long must someone occupy my property in Hawaii to claim adverse possession?
In Hawaii, adverse possession requires 20 continuous years of open, notorious, exclusive, hostile, and actual possession under Haw. Rev. Stat. § 657-31. The "30-day squatter's rights" claim is a myth. Hawaii's period was briefly 10 years before 1973; some claims that had already matured before that year's amendment may still be governed by the old rule.
What constitutes appropriate land use in Hawaii's adverse possession claims?
Hawaii courts look at whether the claimant used the land the way an owner normally would given its character — for example, maintaining a boundary fence and grazing cattle up to it satisfied the actual-possession requirement in Hustace v. Jones (1981), and continuous use of a stone-walled pasture as a cattle pen did the same in Gomes v. Upchurch (1967). Casual or occasional use of the land is generally not enough.
What are the restrictions on adverse possession claims for small properties in Hawaii?
Under Haw. Rev. Stat. § 657-31.5, a person claiming adverse possession of a parcel of five acres or less must not have made a similar adverse possession claim, in good faith, within the past 20 years. This limits serial adverse possession claims on Hawaii's smaller, often more valuable, residential-sized lots.
Can I legally remove squatters from my property in Hawaii?
Yes, but only through legal procedures. For clear trespassing, you can request law enforcement assistance under Hawaii's criminal trespass statutes (Haw. Rev. Stat. §§ 708-813 to 708-815). Otherwise, you must file a summary possession action in district court under Haw. Rev. Stat. chapter 666. "Self-help" methods like changing locks or cutting off utilities are illegal in Hawaii and can expose the owner to liability.
Can someone claim adverse possession against government-owned land in Hawaii?
No. Hawaii courts have long held there can be no adverse possession against the sovereign. In State by Kobayashi v. Zimring (1977), the Hawaii Supreme Court confirmed this even for land newly created by a volcanic eruption, ruling it vested in the state in trust for the public — though the state was separately barred on fairness grounds from reclaiming that specific parcel due to its own delay.
Can trespassers gain rights to my property after 30 days in Hawaii?
No. This is a common misconception. In Hawaii, adverse possession requires 20 years of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy of any length, whether 30 days or several months, establishes no ownership rights.
Who removes a squatter in Hawaii — the police or the courts?
It depends on how long the person has been there and whether they claim any right to occupy. A recent, clear-cut trespasser with no claim of consent can be removed by police as a simple trespass violation under Haw. Rev. Stat. § 708-815 — but only after the property owner (or someone with authority) files a trespass complaint with the responsible law enforcement agency, since officers generally cannot act on a neighbor's report alone. Once a person has established actual residency — moving in belongings, staying for an extended period, or claiming any permission or lease — police typically decline to remove them and treat it as a civil matter, requiring the owner to file a summary possession action in district court (Haw. Rev. Stat. ch. 666), obtain a writ of possession after a hearing (often within 5-10 days), and have the sheriff, a police officer, or an authorized process server execute it. Hawaii has not enacted a 2024 or 2025 'squatter reform' law creating a separate expedited police-removal track like Florida's or Georgia's, so this trespass-versus-civil-eviction line remains the operative rule, and self-help lockouts remain illegal.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.