What law governs land surveying in Hawaii?

Hawaii Revised Statutes Chapter 464 governs the licensing and practice of professional engineers and land surveyors. It establishes the requirements for obtaining a Professional Land Surveyor (PLS) license, defines what constitutes the practice of land surveying, and sets out penalties for unlicensed practice. BPELS, the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, administers and enforces the law.

Are there monument requirements for surveys in Hawaii?

Yes. Licensed Professional Land Surveyors in Hawaii are required to set permanent monuments at property corners as part of a boundary survey. Common monument types include iron pins, rebar with caps, and concrete monuments. In lava terrain where standard methods are impractical, surveyors use alternative anchoring methods. The type and condition of monuments is noted on the certified plat.

Does Hawaii require me to notify my neighbor before a survey is done?

Hawaii does not have a formal statutory requirement for neighbor notification before a land survey. However, it is standard professional practice for surveyors to contact adjacent landowners, particularly when corner monuments shared between properties need to be located or set. A neighbor who is informed in advance is less likely to dispute the results and more likely to allow access to relevant portions of their property during fieldwork.

When is a survey legally required before getting a building permit in Hawaii?

Each of Hawaii's four counties administers its own building permit process. Most county permit applications for new structures, additions, or accessory dwellings require a site plan that shows the structure's setback distances from property lines. In many cases this means a current boundary survey is practically required, even if the county form does not say so explicitly. Check with the applicable county department (Honolulu DPP, Hawaii County Planning, Maui County Planning, or Kauai County Planning) for the specific documentation required for your project type.

Land Surveying in Hawaii: What Property Owners Need to Know

Q: What is the difference between Land Court and Regular System properties in Hawaii?

Land Court properties have been through a state judicial registration process. A court certifies the boundaries and issues a Transfer Certificate of Title (TCT), which the state Land Court maintains. Regular System properties are recorded through the Bureau of Conveyances using deeds and plats, similar to the recording systems used in most mainland states. Land Court registration provides stronger legal certainty for boundaries, but both types of properties benefit from a current survey when improvements are planned.

Quick answer

Hawaii land surveying is governed by HRS Chapter 464 and BPELS. Learn how the Land Court system and kuleana parcels affect your property.

The Legal Framework for Land Surveying in Hawaii

Hawaii Revised Statutes Chapter 464 governs the professional practice of engineering and land surveying in the state. The chapter defines land surveying as the practice of measuring, locating, and establishing land boundaries, and it prohibits anyone from certifying a survey without holding a valid Professional Land Surveyor (PLS) license issued by the state.

The Hawaii Board of Professional Engineers, Architects, Surveyors, and Landscape Architects (BPELS) administers Chapter 464. BPELS sets licensing requirements, approves applicants, investigates complaints, and can suspend or revoke licenses for unprofessional conduct or violations of the statute. Operating as a surveyor without a license is a misdemeanor under Hawaii law.

Who Can Perform a Survey in Hawaii

Only a licensed PLS can certify a land survey in Hawaii. The PLS license requires:

A degree in surveying or a related field, or sufficient equivalent education
Passing the Fundamentals of Surveying (FS) examination
A minimum period of supervised work experience under a licensed PLS
Passing the Principles and Practice of Surveying (PS) examination
License renewal every two years with continuing education requirements

Survey technicians, assistants, and GPS crew members may perform fieldwork, but a licensed PLS must supervise the work and certify the final product. The surveyor's seal and signature on the certified plat is what gives the document legal standing.

Hawaii's Dual Land Title System

One of the most important things Hawaii property owners need to understand is that the state operates two parallel systems for recording land ownership and boundaries. Knowing which system your property is in affects how research is done and what legal weight a survey carries.

The Land Court System (Torrens)

Hawaii adopted the Torrens land registration system in 1903. Under this system, a property owner can petition the Land Court to register their parcel. The court reviews the title chain, certifies the boundaries, and issues a Transfer Certificate of Title (TCT). The state maintains a register of all Land Court properties.

Land Court registration provides the strongest possible certainty for boundaries because the state itself has verified and certified them. Subsequent conveyances are made through registered deeds that reference the TCT rather than recording a new deed description from scratch. Errors in the recorded boundaries are harder to create because every change requires court involvement.

The drawback is that the registration process is expensive and time-consuming, so not all Hawaii properties have gone through it. And even Land Court registered properties benefit from a physical survey when structures are being added or boundary disputes arise, because the registered description still needs to be translated into physical markers on the ground.

The Regular System

Properties not in the Land Court system are recorded through the Bureau of Conveyances using deeds and plats. This is similar to the recording systems used in most mainland states. The Bureau maintains records of all Regular System transactions, but the state does not certify the accuracy of boundary descriptions the way the Land Court does.

Regular System properties rely on the quality of the legal description in the recorded deed, which can range from precise surveyed boundaries to informal metes-and-bounds descriptions referencing landmarks that no longer exist. For older Regular System properties, particularly those with roots in the Mahele period or early Territorial era, boundary research can be complex.

Properties in Both Systems

Some Hawaii parcels have records in both the Land Court and Regular System, typically as a result of partial Land Court registration or complex title histories. Your surveyor will determine which records apply to your property and pull the appropriate documents before fieldwork begins.

The Role of the Bureau of Conveyances

The Hawaii Bureau of Conveyances, administered by the Department of Land and Natural Resources, is the central repository for land records in the state. All deeds, mortgages, plats, easements, and other recorded documents for Regular System properties are filed there. The Bureau also handles administrative functions related to Land Court filings. Surveyors use Bureau records as the starting point for research on almost every survey project.

Kuleana Parcels and Historical Land Divisions

Hawaii's land tenure history creates research challenges not found in mainland states. Property owners on older parcels or in rural areas should understand two key historical systems.

Kuleana Parcels

The Great Mahele of 1848 and the subsequent Kuleana Act of 1850 created thousands of small fee-simple parcels awarded to native Hawaiian tenant farmers. These kuleana parcels are scattered throughout larger landholdings on all islands. Their original boundaries were described using informal measurements and local landmarks rather than precise bearing-and-distance descriptions.

If you own a kuleana parcel or share a boundary with one, expect the survey process to involve research into Land Commission records that are now more than 170 years old. The surveyor may need to interpret Hawaiian-language boundary descriptions and reconcile them with modern survey standards. This is specialized work that not every firm has experience performing.

Ahupuaa Boundaries

The ahupuaa was the primary unit of Hawaiian land management, a roughly wedge-shaped district running from the mountain to the sea. When modern property boundaries were established in the 1800s, they were often placed within or along ahupuaa lines. Some older legal descriptions still reference ahupuaa boundaries directly. Surveyors researching these properties must identify the relevant ahupuaa and reconcile historical ridge and stream references with current terrain conditions.

When a Survey Is Required in Hawaii

Hawaii law does not impose a universal survey requirement on routine real estate transactions. However, surveys become practically or legally necessary in several common situations.

Building Permits

Each of Hawaii's four counties manages its own building permit program. Honolulu's Department of Planning and Permitting, Hawaii County's Department of Public Works, Maui County's Department of Planning, and Kauai County's Planning Department each require site plans showing the proposed structure's location relative to property lines. Setback compliance cannot be demonstrated without knowing where the property lines are, making a current boundary survey effectively required for most structure permits.

Subdivision

Subdividing a property in Hawaii requires a certified survey as part of the subdivision application. Each county's subdivision ordinance specifies the survey and plat requirements. The surveyor prepares a subdivision plat showing the new lot boundaries, which must be reviewed and approved by the applicable county department before recording.

Lender Requirements

Many mortgage lenders require a survey before issuing a loan on a Hawaii property, particularly for purchases involving unusual lot shapes, leasehold interests, or properties with a history of boundary issues. The lender's title insurance company may also require a current survey as a condition of issuing coverage.

Boundary Disputes

When a neighbor dispute involves property lines, a licensed PLS's certified survey is the legally recognized tool for establishing where those lines sit. Courts and mediators rely on certified surveys as authoritative documents. If a dispute proceeds to litigation, each party typically retains their own surveyor.

Survey Monument Requirements

Hawaii requires licensed surveyors to set permanent monuments at property corners as part of a boundary survey. The typical monument types used in Hawaii include iron pins, rebar with survey caps, and concrete monuments. In areas with volcanic rock that makes driving pins impractical, surveyors use drilled-in anchors or concrete-encased monuments. The type, location, and condition of monuments are documented on the certified plat.

Where to Find Licensed Surveyors

Every surveyor listed in our Hawaii directory is sourced from state licensing records maintained by BPELS. Browse the Hawaii directory by island to find licensed professionals in your area and request quotes for your specific project.