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Current as of January 01, 2025 | Updated by Findlaw Staff
If the instrument creating or declaring a trust or other equitable interest contains an express power to sell, mortgage, or deal with the land in any manner, the power shall be stated in the certificate of title by the words “with power to sell” or “with power to mortgage”, and by apt words of description in case of other powers.
No instrument transferring, mortgaging, or in any way dealing with registered land held in trust shall be registered, unless the power thereto enabling is expressly conferred in the instrument of trust, or unless the judgment of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of the judgment may be filed or recorded with the assistant registrar who shall make registration in accordance therewith.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 501-132 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-501-132/
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