Every few months, a viral video circulates online warning homeowners about strangers moving onto a property, waiting it out, and legally walking away with the deed. If you own or are planning to buy real estate in Hawaii, you might be wondering: could this happen to my island investment?
Aloha! I’m Jason Wong, Principal Broker and founder of Island Dragonfly in Honolulu. In this video, we dive deep into the reality of adverse possession—often referred to as squatter’s rights—and how Hawaii law actually handles these claims. The good news? Our state wraps your property in four distinct layers of legal protection that internet rumors usually ignore.
First, we look at the element of time. In Hawaii, a claimant needs 20 years of continuous, open, and hostile possession. That is two decades of acting like the owner in plain sight.
Second, the Hawaii State Constitution steps in. Thanks to a 1978 amendment, adverse possession claims are limited to parcels of five acres or less, and the claimant must have a genuine, “good-faith” belief that they hold a legal interest in the title. You can’t just pitch a tent and wait.
Third, we explore Hawaii’s unique Land Court system. Land registered in the Land Court is protected by statute against adverse possession. If your title is registered here, a squatter cannot take it.
Finally, we discuss Hawaii’s de minimis law. A minor discrepancy—like a neighbor’s fence or retaining wall being a few inches over your line—doesn’t legally count as an encroachment for adverse possession purposes.
For local residents, mainland buyers, and our international clients across the Asia-Pacific region, the real threat to your property isn’t a squatter with endless patience. It’s the quiet, decades-old boundary issues: drifting fence lines, shared driveways, and landscaping that crosses lines. That is why working with experienced local professionals, conducting a thorough survey, and carefully reviewing your title report are absolutely critical steps in any transaction.
Whether you’re looking to invest in a Honolulu luxury property, relocate from overseas, or sell your long-held family home, my team and I are here to guide you with clear, factual, and locally grounded expertise.
Looking to buy, sell, or invest in Hawaii? Let’s connect:
🌐 Personal Agent Site: https://jasonwong.us
🏢 Brokerage Site: https://islanddragonfly.com
✉️ Contact me directly through the websites to discuss your real estate goals!
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