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chapter-657•Hawaii Revised Statutes, Chapter 657 — Limitation of Actions
chapter-657Haw. Rev. Stat. ch. 657Code1 gen 1859
Division 4. Courts and Judicial Proceedings — Title 36. Civil Remedies and Defenses and Special Proceedings
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
The following actions shall be commenced within six years next after the cause of action accrued, and not after:
(1) Actions for the recovery of any debt founded upon any contract, obligation, or liability, excepting such as are brought upon the judgment or decree of a court; excepting further that actions for the recovery of any debt founded upon any contract, obligation, or liability made pursuant to chapter 577A shall be governed by chapter 577A;
(2) Actions upon judgments or decrees rendered in any court not of record in the State, or, subject to section 657-9, in any court of record in any foreign jurisdiction;
(3) Actions for taking or detaining any goods or chattels, including actions in the nature of replevin; and
(4) Personal actions of any nature whatsoever not specifically covered by the laws of the State.
[CC 1859, §1036; am imp L 1907, c 113, §1; am L 1913, c 19, §1; RL 1925, §2639; RL 1935, §3910; am L 1943, c 139, §1; RL 1945, §10421; RL 1955, §241-1; am L 1965, c 139, §1; HRS §657-1; am L 1972, c 105, §1(a); am L 1978, c 109, §3]
[§657-1.5] Limitation of actions not applicable to State. No limitation of actions provided for under this or any other chapter shall apply to bar the institution or maintenance of any action by or on behalf of the State and its agencies, unless the State is specifically designated in such a statute as subject to the limitation period contained therein. No defense to any action brought by the State or any of its agencies shall be predicated upon the lapse of time.
[L 1991, c 8, §1]
[§657-1.7] Civil action arising from sexual offenses against adult victims; certificate of merit. (a) For a period of two years commencing on July 1, 2024, a person who is a victim of sexual abuse that occurred after June 30, 2012, in the State when the person was eighteen years of age or older may file a claim in a circuit court of the State against the person who committed the act of sexual abuse if the victim is barred from filing a claim against the victim's abuser due to the expiration of the applicable civil statute of limitations that was in effect before July 1, 2024.
A claim may also be brought under this subsection against a legal entity if:
(1) The person who committed the act of sexual abuse against the victim was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim; or
(2) The person who committed the act of sexual abuse and the victim were engaged in an activity over which the legal entity had a degree of responsibility or control.
Damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.
(b) A civil cause of action for the sexual abuse of a person that occurred when the person was eighteen years of age or older shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V of chapter 707.
(c) A defendant against whom a civil action is commenced may recover attorney's fees if the court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the defendant shall not be the sole basis for a determination that an accusation had no basis in fact and was made with malicious intent. The court shall make an independent finding of an improper motive prior to awarding attorney's fees under this section.
(d) In any civil action filed pursuant to subsection (a), a certificate of merit shall be filed by the attorney for the plaintiff, and shall be sealed and remain confidential. The certificate of merit shall include a notarized statement by a:
(1) Marriage and family therapist licensed pursuant to chapter 451J;
(2) Mental health counselor licensed pursuant to chapter 453D;
(3) Psychologist licensed pursuant to chapter 465; or
(4) Clinical social worker licensed pursuant to chapter 467E;
who is knowledgeable in the relevant facts and issues involved in the action, who is not a party to the action.
The notarized statement included in the certificate of merit shall set forth in reasonable detail the facts and opinions relied upon to conclude that there is a reasonable basis to believe that the plaintiff was subject to one or more acts that would result in an injury or condition specified in subsection (b).
[L 2024, c 238, §1]
(a) Notwithstanding any law to the contrary, no action for recovery of damages based on physical, psychological, or other injury or condition suffered by a victim when the victim was a minor, arising from the sexual abuse of the victim by any person when the victim was a minor, shall be commenced against the person who committed the act of sexual abuse more than:
(1) For sexual abuse committed before July 1, 2024:
(A) Eight years after the eighteenth birthday of the victim; or
(B) Three years after the date the victim discovers or reasonably should have discovered that psychological injury or illness occurring after the victim's eighteenth birthday was caused by the sexual abuse,
whichever occurs later; or
(2) For sexual abuse committed on or after July 1, 2024:
(A) Thirty-two years after the eighteenth birthday of the victim; or
(B) Five years after the date the victim discovers or reasonably should have discovered that psychological injury or illness occurring after the victim's eighteenth birthday was caused by the sexual abuse,
whichever occurs later.
A civil cause of action for the sexual abuse of a victim when the victim was a minor shall be based upon sexual acts that constituted or would have constituted a criminal offense under part V or VI of chapter 707.
(b) A claim may also be brought under this section against a legal entity if:
(1) The person who committed the act of sexual abuse against the victim was employed by an institution, agency, firm, business, corporation, or other public or private legal entity that owed a duty of care to the victim; or
(2) The person who committed the act of sexual abuse and the victim were engaged in an activity over which the legal entity had a degree of responsibility or control.
Damages against the legal entity shall be awarded under this subsection only if there is a finding of gross negligence on the part of the legal entity.
(c) A defendant against whom a civil action is commenced may recover attorney's fees if the court determines that a false accusation was made with no basis in fact and with malicious intent. A verdict in favor of the defendant shall not be the sole basis for a determination that an accusation had no basis in fact and was made with malicious intent. The court shall make an independent finding of an improper motive before awarding attorney's fees under this section.
(d) In any civil action filed pursuant to subsection (a) or (b), a certificate of merit shall be filed by the attorney for the plaintiff, and shall be sealed and remain confidential. The certificate of merit shall include a notarized statement by a:
(1) Marriage and family therapist licensed pursuant to chapter 451J;
(2) Mental health counselor licensed pursuant to chapter 453D;
(3) Psychologist licensed pursuant to chapter 465; or
(4) Clinical social worker licensed pursuant to chapter 467E,
who is knowledgeable in the relevant facts and issues involved in the action, and who is not a party to the action.
The notarized statement included in the certificate of merit shall set forth in reasonable detail the facts and opinions relied upon to conclude that there is a reasonable basis to believe that the plaintiff was subject to one or more acts that would result in an injury or condition specified in subsection (a).
(e) With respect to a legal entity against whom a claim is brought pursuant to subsection (b), a plaintiff may request, and a court may order, the personnel of the legal entity to undergo training on trauma-informed response to allegations of sexual abuse. As used in this subsection, "trauma-informed response" may include:
(1) Fully integrating research about the effects and impacts of trauma into policies, procedures, and practices;
(2) Understanding the ways in which stress and trauma may affect attention, cognition, behavior, and memory processes;
(3) Creating an environment that is safe, non-judgmental, and free of gratuitous re-triggering; and
(4) Listening to and documenting victims' statements without judgment.
[L 2012, c 68, §1; am L 2014, c 112, §1; am L 2018, c 98, §1; am L 2024, c 250, §2; am L 2025, c 21, §16]
In all actions in the nature of debt, account, or assumpsit, brought to recover any balance due upon a mutual, open, and current account, the cause of action shall be deemed to have accrued from the time of the last item proved in the account.
[CC 1859, §1038; RL 1925, §2640; RL 1935, §3911; RL 1945, §10422; RL 1955, §241-2; HRS §657-2; am L 1972, c 105, §1(b)]
(a) In the cases enumerated in subsection (b), all the provisions of this part, or any other statute of limitations, shall apply to a claim stated as a counterclaim against an opposing party in the same manner as if an action thereon had been commenced at the time when the opposing party commenced the opposing party's action or served the pleading stating the opposing party's claim, or if a different time is applicable to the opposing party's claim under the provisions of this section then at that time.
(b) Subsection (a) shall apply if the claim stated as a counterclaim:
(1) Consists of a liquidated debt or demand, or a debt or demand capable of being ascertained by calculation; or
(2) Arises out of the transaction or occurrence that is the subject matter of the opposing party's claim.
(c) Within the meaning of this section a counterclaim includes a claim asserted against the plaintiff by a third-party defendant and in that situation the plaintiff is deemed an opposing party.
[CC 1859, §1050; RL 1925, §2641; RL 1935, §3912; RL 1945, §10423; RL 1955, §241-3; HRS §657-3; am L 1972, c 186, §1; gen ch 1985]
An amended pleading relates back to the date of the original pleading as provided by the rules of court.
Nothing herein limits or affects section 657-3.
[L 1972, c 105, §1(c)]
All actions for libel or slander shall be commenced within two years after the cause of action accrued, and not after.
[CC 1859, §1037; am imp L 1907, c 113, §1; am L 1913, c 19, §1; RL 1925, §2642; RL 1935, §3913; RL 1945, §10424; RL 1955, §241-4; am L 1965, c 139, §2; HRS §657-4]
Unless an extension is granted, every judgment and decree of any court of the State shall be presumed to be paid and discharged at the expiration of ten years after the judgment or decree was rendered. No action shall be commenced after the expiration of ten years from the date a judgment or decree was rendered or extended. No extension of a judgment or decree shall be granted unless the extension is sought within ten years of the date the original judgment or decree was rendered. A court shall not extend any judgment or decree beyond twenty years from the date of the original judgment or decree. No extension shall be granted without notice and the filing of a non-hearing motion or a hearing motion to extend the life of the judgment or decree.
[CC 1859, §1051; RL 1925, §2643; am L 1927, c 16, §1; RL 1935, §3914; RL 1945, §10425; RL 1955, §241-5; HRS §657-5; am L 1972, c 105, §1(d); am L 1992, c 74, §1; am L 2001, c 145, §1]
Notwithstanding section 657-5 and any other law to the contrary, every judgment for child support, including a judgment for reimbursement or other arrears, shall be enforceable until paid in full.
[L 1997, c 294, §1; am L 2021, c 36, §1]
Subject to section 657-9, actions for the recovery of any debt founded upon any contract, obligation, or liability, where the cause of action has arisen in any foreign jurisdiction including actions on judgments or decrees rendered in any court not a court of record in any foreign jurisdiction but not such as are brought upon the judgment or decree of a court of record, shall be commenced within four years after the cause of action accrued, and not after.
[L 1892, c 26, §1; RL 1925, §2644; RL 1935, §3915; am L 1943, c 139, §2; RL 1945, §10426; RL 1955, §241-6; HRS §657-6]
Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after, except as provided in section 657-13.
[L 1907, c 113, §1; am L 1913, c 19, §1; RL 1925, §2645; RL 1935, §3916; RL 1945, §10427; RL 1955, §241-7; am L 1957, c 138, §1; HRS §657-7; am L 1972, c 105, §1(e)]
[(a)] No action for injury or death against a chiropractor, clinical laboratory technologist or technician, dentist, naturopathic physician, nurse, nursing home administrator, dispensing optician, optometrist, osteopath, physician or surgeon, physical therapist, podiatrist, psychologist, or veterinarian duly licensed or registered under the laws of the State, or a licensed hospital as the employer of any such person, based upon such person's alleged professional negligence, or for rendering professional services without consent, or for error or omission in such person's practice, shall be brought more than two years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, but in any event not more than six years after the date of the alleged act or omission causing the injury or death. This six-year time limitation shall be tolled for any period during which the person has failed to disclose any act, error, or omission upon which the action is based and which is known to the person.
[(b)] Actions by a minor shall be commenced within six years from the date of the alleged wrongful act except the actions by a minor under the age of ten years shall be commenced within six years or by the minor's tenth birthday, whichever provides a longer period. Such time limitation shall be tolled for any minor for any period during which the parent, guardian, insurer, or health care provider has committed fraud or gross negligence, or has been a party to a collusion in the failure to bring action on behalf of the injured minor for a medical tort. The time limitation shall also be tolled for any period during which the minor's injury or illness alleged to have arisen, in whole or in part, from the alleged wrongful act or omission could not have been discovered through the use of reasonable diligence.
[L 1973, c 92, §1; am L 1976, c 219, §17; am L 1977, c 167, §14; gen ch 1985; am L Sp 1986, c 2, §15; am L 2010, c 4, §9]
When a defendant, against whom action has been timely brought, brings in a third-party defendant who is or may be liable to the defendant or to the plaintiff for all or part of the plaintiff's claim against the defendant, plaintiff within thirty days after the date of filing of the third-party defendant's answer, may assert against the third-party defendant any claim, arising out of the original transaction or occurrence that is also the subject matter of the third-party plaintiff's claim against the third-party defendant, which would have been timely if the third-party defendant had been joined originally as a defendant, notwithstanding any statutory period of limitations otherwise applicable to plaintiff's claim. Nothing herein shall preclude the plaintiff from asserting any claim which the plaintiff might have asserted without the benefit of this section.
[L 1972, c 186, §2; gen ch 1985]
(a) No action, whether in contract, tort, statute, or otherwise, to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising out of any deficiency or neglect in the planning, design, construction, supervision and administering of construction, and observation of construction relating to an improvement to real property shall be commenced more than ten years after the date of completion of the improvement.
(b) This section shall not be construed to extend any shorter period of limitation under this chapter, including the six-year statute of limitations under section 657-1 or the two-year statute of limitations for damages to persons or property under section 657-7, as applicable, subject to the ten-year statute of repose under subsection (a).
(c) This section shall not apply to actions for damages against owners or other persons having an interest in the real property or improvement based on their negligent conduct in the repair or maintenance of the improvement or to actions for damages against surveyors for their own errors in boundary surveys. An improvement shall be deemed substantially complete upon the earliest of the following:
(1) The issuance of a certificate of occupancy; or
(2) The filing of an affidavit of publication and notice of completion within the circuit court of the judicial circuit where the property is situated in compliance with section 507-43(f).
If the improvement consists of multiple buildings or improvements, each building or improvement shall be considered as a separate improvement for the purpose of determining the limitations period set forth in this section.
(d) This section shall not be construed to prevent, limit, or extend any shorter period of limitation applicable to sureties provided for in any contract or bond or any other statute, nor to extend or add to the liability of any surety beyond that for which the surety agreed to be liable by contract or bond.
(e) Nothing in this section shall exclude or limit the liability provisions as set forth in the products liability laws.
(f) For the purposes of this section:
"Date of completion" means the time when there has been substantial completion of the improvement or the improvement has been abandoned.
"Improvement" has the same meaning as in section 507-41.
[L 1967, c 194, §1; HRS §657-8; am L 1972, c 133, §1; am L 1974, c 73, §1; am L 1979, c 185, §1; am L 1980, c 70, §2 and c 232, §34; am L 1983, c 120, §1; am L 1994, c 164, §1; am L 2025, c 308, §1]
When a cause of action has arisen in any foreign jurisdiction, and by the laws thereof an action thereon cannot there be maintained against a person, by reason of the lapse of time, an action thereon shall not be maintained against the person in this State, except in favor of a domiciled resident thereof, who has held the cause of action from the time it accrued.
[CC 1859, §1167; RL 1925, §2646; RL 1935, §3917; RL 1945, §10428; RL 1955, §241-8; HRS §657-9; gen ch 1985]
This part shall not extend to any action which is, or shall be, limited by any statute to be brought within a shorter time than is herein prescribed; but the action shall be brought within the time limited by the statute.
[CC 1859, §1048; RL 1925, §2647; RL 1935, §3918; RL 1945, §10429; RL 1955, §241-9; HRS §657-10]
Whenever any federal statute provides for damages or equitable relief and neither the federal statute nor any specific state statute specifies the period within which suit may be brought, the suit, if brought in a state court, shall be commenced within two years from the date the cause of action arises or be thereafter barred.
[L 1945, c 174, §1; RL 1955, §241-10; HRS §657-11; am L 1972, c 105, §1(f); am L 1986, c 337, §1]
[Repealed]
[L 1972, c 105, §1(q)]
If any person entitled to bring any action specified in this part (excepting actions against the sheriff, chief of police, or other officers) is, at the time the cause of action accrued, either:
(1) Within the age of eighteen years;
(2) Insane; or
(3) Imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than the person's natural life;
such person shall be at liberty to bring such actions within the respective times limited in this part, after the disability is removed or at any time while the disability exists.
[CC 1859, §1039; RL 1925, §2648; RL 1935, §3919; RL 1945, §10430; RL 1955, §241-12; am L 1963, c 13, §1 and c 85, §3; HRS §657-13; am L 1972, c 2, §37(1); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]
No person shall avail oneself of any disability enumerated in this part, unless the disability existed at the time the right of action accrued.
[CC 1859, §1046; RL 1925, §2649; RL 1935, §3920; RL 1945, §10431; RL 1955, §241-13; HRS §657-14; am L 1972, c 105, §1(g); gen ch 1985]
Where there are two or more such disabilities existing at the time the right of action accrued, the limitations herein prescribed shall not attach until all the disabilities are removed.
[CC 1859, §1047; RL 1925, §2650; RL 1935, §3921; RL 1945, §10432; RL 1955, §241-14; HRS §657-15]
L 1976, c 200, pt of §1.
If at any time when any cause of action specified in this part or section 663-3 accrues against any person, the person is out of the State, the action may be commenced within the terms respectively limited, after the return of the person into the State, and if, after the cause of action has accrued, the person departs from and resides out of the State, the time of the person's absence shall not be deemed or taken as any part of the time limited for the commencement of the action.
[CC 1859, §1041; RL 1925, §2652; RL 1935, §3923; RL 1945, §10434; RL 1955, §241-17; HRS §657-18; am L 1972, c 105, §1(j); gen ch 1985]
Whenever the commencement of any action is stayed by an injunction of any court, the time during which the injunction is in force shall not be deemed any portion of the time limited in this part or section 663-3 for the commencement of the action.
[CC 1859, §1043; RL 1925, §2653; RL 1935, §3924; RL 1945, §10435; RL 1955, §241-18; HRS §657-19; am L 1972, c 105, §1(k)]
If any person who is liable to any of the actions mentioned in this part or section 663-3, fraudulently conceals the existence of the cause of action or the identity of any person who is liable for the claim from the knowledge of the person entitled to bring the action, the action may be commenced at any time within six years after the person who is entitled to bring the same discovers or should have discovered, the existence of the cause of action or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations.
[CC 1859, §1049; RL 1925, §2654; RL 1935, §3925; RL 1945, §10436; RL 1955, §241-19; HRS §657-20; am L 1972, c 105, §1(1)]
When an action is alleged by a plaintiff to have been commenced within the time required by law, and the allegation is put in issue by the defendant, it shall be competent for the defendant to prove, on the trial, that the process issued by the plaintiff was not issued with the intent or in the manner required by law; or that any means whatever were used by the plaintiff, or the plaintiff's attorney, to prevent the service of the writ, or to keep the defendant in ignorance of the issuing thereof.
[CC 1859, §1044; RL 1925, §2655; RL 1935, §3926; RL 1945, §10437; RL 1955, §241-20; HRS §657-21; am L 1972, c 105, §1(m); gen ch 1985]
Notwithstanding any law to the contrary, for any victim of a particular crime, for surviving immediate family members of a victim, or for the estate of a victim, the statute of limitations for any civil cause of action against a person convicted of that crime shall be tolled from the moment the civil cause of action arises until the person convicted of that crime is released from imprisonment, released from parole, or released from probation and is no longer under the jurisdiction of the court for that crime, if:
(1) The crime upon which the civil action is based is a felony; or
(2) The victim of the crime upon which the civil action is based is the victim of a "sexually violent offense" or a "criminal offense against a victim who is a minor", as defined by section 846E-1.
[L 2002, c 201, §1]
Upon any such matter being established, or upon its appearance in any other way that any process was issued without any intent that it should be served, the process shall not be deemed the commencement of an action within the meaning of this part or section 663-3.
[CC 1859, §1045; RL 1925, §2656; RL 1935, §3927; RL 1945, §10438; RL 1955, §241-21; HRS §657-22; am L 1972, c 105, §1(n)]
If at any time when any cause of action for recovery of restitution or compensation for damage or injury to a victim of a crime exists, a criminal action is pending which arises out of the same occurrence, the time during which the criminal action is pending shall not be deemed or taken as any part of the time limited for the commencement of the civil action.
As used in this section, a criminal action is pending until the court's jurisdiction in the criminal action is terminated.
[L 1986, c 225, §1; am L 1998, c 269, §2]
In any action in tort involving the State, any political subdivision of the State, or any governmental agency as a tortfeasor where a final judgment is obtained of more than $1,000,000, the State, political subdivision, or governmental agency has the option of paying that portion of the award in excess of $1,000,000 by periodic payments for a period not to exceed five years. The periodic payments shall include interest on the unpaid balance at the rate specified in section 478-3. A proposed periodic payment plan shall be submitted by the State, political subdivision, or governmental agency to the court in a post judgment hearing for final approval. The court shall approve or order modification of the plan based upon the facts and circumstances of the case and the needs of the parties.
[L Sp 1986, c 2, §14]
No person shall commence an action to recover possession of any lands, or make any entry thereon, unless within twenty years after the right to bring the action first accrued.
[L 1870, c 22, §1; am L 1898, c 19, §1; RL 1925, §2657; RL 1935, §3928; RL 1945, §10439; RL 1955, §241-30; HRS §657-31; am L 1973, c 26, §4]
In an action under this part where the person defending the action claims by adverse possession in excess of the period of limitation, said claim can only be made:
(1) If the real property which is the subject of the action is five acres or less; and
(2) Where the person claiming by adverse possession has not asserted any similar claim, in good faith, within the past twenty years; however, this shall not include similar claims made before November 7, 1978.
However, any person defending an action under this part may claim adverse possession if that person's time period of adverse possession of the land exceeded twenty years prior to November 7, 1978, or exceeded other earlier applicable time periods of adverse possession.
[L 1979, c 157, §2]
If the right first accrued to any ancestor or predecessor of the person bringing the action or making the entry, or to any persons from, by, or under whom the person bringing the action or making the entry claims, the twenty years shall be computed from the time when the right first accrued to the ancestor, predecessor, or other persons.
[L 1870, c 22, §2; am L 1898, c 19, §2; RL 1925, §2658; RL 1935, §3929; RL 1945, §10440; RL 1955, §241-31; HRS §657-32; am L 1979, c 105, §61; am L 2016, c 55, §34]
In the construction of this part, the right to make an entry or commence an action shall be deemed to have first accrued at the following times:
(1) When any person is disseised, that person's right of entry or action shall be deemed to have accrued at the time of the disseisin;
(2) When any person claims as heir or devisee of one who died seised, that person's right shall be deemed to have accrued at the time of the death, unless there is an estate by the curtesy or in dower, or some other estate intervening after the death of the ancestor or devisor, in which case that person's right shall be deemed to have accrued when the intermediate estate shall expire, or when it would have expired by its own limitation;
(3) Where there is an intermediate estate, and in all other cases, where a party claims in remainder, or reversion, that party's right so far as it is affected by the limitation herein prescribed, shall be deemed to accrue when the intermediate or precedent estate would have expired by its own limitation, notwithstanding any forfeiture thereof, for which that party might have entered at an earlier time;
(4) Paragraph (3) shall not prevent any person from entering, when entitled to do so, by reason of any forfeiture or breach of condition, but if a person claims under such a title, that person's right shall be deemed to have accrued when the forfeiture was incurred or condition broken; and
(5) In the cases not otherwise specially provided for, the right shall be deemed to have accrued when the claimant, or the person under whom the claimant claims, first became entitled to the possession of the premises under the title upon which the entry or action is founded.
[L 1870, c 22, §3; RL 1925, §2659; RL 1935, §3930; RL 1945, §10441; RL 1955, §241-32; HRS §657-33; am L 2016, c 55, §35]
In no event shall the period of limitations provided in this part begin prior to the date and time of deregistration for deregistered land. The terms "date and time of deregistration" and "deregistered land" as used in this section shall have the same meaning as in section 501-20.
[L 2009, c 120, §4; am L 2012, c 121, §8]
If, when right of entry or of action first accrues as aforesaid, the person entitled to the entry or action is within the age of eighteen years, or insane, or imprisoned, such person, or anyone claiming from, by, or under the person, may make the entry or bring the action at any time within five years after the disability is removed, notwithstanding the twenty years before limited in that behalf, have expired.
[L 1870, c 22, §4; am L 1898, c 19, §3; RL 1925, §2660; RL 1935, §3931; RL 1945, §10442; RL 1955, §241-33; HRS §657-34; am L 1972, c 2, §37(2) and c 105, §1(o); am L 1979, c 105, §62; gen ch 1985]
If the person first entitled to make the entry or bring the action dies during the continuance of any of the disabilities mentioned in section 657‑34, the entry may be made or the action brought by that person's heirs, or any other person claiming from, by, or under the person first entitled to make the entry or bring the action, at any time within five years after that person's death, notwithstanding the twenty years have expired.
[L 1870, c 22, §5; am L 1898, c 19, §4; RL 1925, §2661; RL 1935, §3932; RL 1945, §10443; RL 1955, §241-34; HRS §657-35; am L 1972, c 105, §1(p); am L 1979, c 105, §63; am L 2016, c 55, §36]
If, when the right of action first accrues, the person entitled thereto is under any of the disabilities mentioned in section 657-34, and dies without having recovered the premises, no further time for making the entry or bringing the action, beyond what is prescribed in section 657-35, shall be allowed by reason of the disability of any other person.
[L 1870, c 22, §6; RL 1925, §2662; RL 1935, §3933; RL 1945, §10444; RL 1955, §241-35; HRS §657-36]
[Repealed]
[L 1972, c 105, §1(q)]
No person shall be deemed to have been in possession of any lands within the meaning of this part, merely by reason of having made an entry thereon, unless the person has continued in open and peaceable possession of the same for the space of one year after such entry; or unless an action has been commenced upon the entry within one year after ouster.
[L 1870, c 22, §7; am L 1909, c 103, §1; RL 1925, §2664; RL 1935, §3935; RL 1945, §10446; RL 1955, §241-37; HRS §657-38; gen ch 1985]
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