Hawaii
Hawaii Squatters Rights and Adverse Possession Laws (2026)
Hawaii imposes one of the longest adverse possession periods in the United States: 20 years of continuous occupation under Haw. Rev. Stat. § 657-31. The state also layers on constitutional and statutory limits that make a successful adverse possession claim exceptionally difficult. Property owners can pursue removal through summary possession proceedings in district court under Haw. Rev. Stat. ch. 666.
Information last verified on May 27, 2026. This article provides general legal information, not legal advice.
Jurisdiction scope: This article covers Hawaii state law on squatters rights and adverse possession. For a comparison of all 50 states, see the national squatters rights guide.
Adverse Possession in Hawaii: Period and Strict Limits
Under Haw. Rev. Stat. § 657-31, no action for the recovery of real property may be maintained unless it is brought within 20 years after the right to bring the action first accrued. A squatter who satisfies that 20-year period and meets the five traditional elements can petition the court for title through a quiet title action under Haw. Rev. Stat. § 669-1.
The five elements a claimant must prove are:
- Actual possession - the claimant physically uses and occupies the land.
- Open and notorious - possession is visible and obvious to the owner.
- Hostile - the claimant occupies without the owner's permission.
- Exclusive - the claimant does not share possession with the owner or the general public.
- Continuous - possession runs uninterrupted for the full 20-year period.
Hawaii does not require payment of property taxes as part of the adverse possession test, distinguishing it from states such as California, which impose a tax-payment element.
Hawaii's statutory and constitutional limits. Haw. Rev. Stat. § 669-1 governs quiet title actions and imposes restrictions that go beyond the bare 20-year clock. A claimant may not assert adverse possession against the same owner more than once every 20 years. Courts read this provision alongside the Hawaii Constitution, art. XVI, which provides overarching protections for vested property rights. The combined effect is that repeat claims by the same party against the same owner are barred, and courts scrutinize good-faith possession and acreage limits when evaluating claims brought under § 669-1. These layers mean that even a claimant who can demonstrate 20 years of physical occupation may fail the quiet title petition if the statutory and constitutional requirements are not also satisfied.
Because of these overlapping restrictions, Hawaii adverse possession claims succeed far less frequently than in states that only require satisfying the five elements and the limitations period.
How to Remove a Squatter in Hawaii
Property owners in Hawaii must use legal process to remove a squatter. Self-help removal, including changing locks, removing belongings, or cutting off utilities, is prohibited and can expose the property owner to civil liability.
Summary possession under Haw. Rev. Stat. ch. 666. The primary removal vehicle in Hawaii is summary possession, filed in the district court of the circuit where the property is located. Chapter 666 provides a streamlined process for recovering possession of real property from a person who entered without right or whose right to possession has ended. The general steps are:
- Serve written notice on the occupant demanding they vacate. For a person with no lease, a reasonable notice period is appropriate; courts have accepted short notice periods for true trespassers with no colorable possessory interest.
- File a complaint for summary possession in the district court of the applicable circuit.
- Serve the summons and complaint on the occupant.
- Attend the hearing. The district court typically schedules the matter within days to weeks after filing.
- Obtain a writ of possession if the court rules in the property owner's favor. The writ authorizes the sheriff or police to physically remove the occupant.
For occupants who assert a colorable claim to title, an ejectment action in circuit court may be required instead of, or in addition to, summary possession.
2024-2025 expedited squatter-removal legislation. As of the date this article was verified (May 27, 2026), Hawaii has not enacted a stand-alone expedited squatter-removal statute comparable to laws passed in Florida (2024) or Georgia (2024). The Hawaii Legislature considered landlord-tenant and housing bills during the 2024 and 2025 sessions, and Act 278 (effective February 5, 2026) established a statewide landlord-tenant pre-filing eviction mediation program. However, Act 278 addresses landlord-tenant disputes generally; it does not create a separate fast-track process for removing trespassers or squatters who have no lease. Property owners should confirm the current status of any pending legislation with the Hawaii State Judiciary or a Hawaii-licensed attorney.
Watch out: Removing a squatter without a court order, even if they have no valid lease, can expose you to claims for wrongful eviction or trespass to chattels under Hawaii law. Always obtain a writ of possession before physically removing anyone.
Hawaii Squatters Rights FAQ
Legal disclaimer: This article presents general legal information about Hawaii squatters rights and adverse possession laws as of May 27, 2026. It is not legal advice and does not create an attorney-client relationship. Laws change, and individual circumstances vary. Consult a lawyer licensed in Hawaii for advice about your specific situation.
National squatters rights guide
Last updated: May 27, 2026.
Statutes cited reflect their in-force version as of May 27, 2026.
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Frequently Asked Questions
How long does a squatter need to stay in Hawaii to claim adverse possession?
A squatter must maintain actual, open, notorious, hostile, exclusive, and continuous possession for 20 years. This period is set by Haw. Rev. Stat. § 657-31. There is no shorter period available under color of title in Hawaii; the 20-year requirement applies uniformly.
Does Hawaii require a squatter to pay property taxes to claim adverse possession?
No. Hawaii does not require payment of property taxes as an element of adverse possession. A claimant must satisfy the five traditional elements and the 20-year period under § 657-31, but tax payment is not among them.
Can a squatter use adverse possession more than once against the same owner?
No. Under Haw. Rev. Stat. § 669-1, a claimant cannot assert adverse possession against the same owner more than once every 20 years. This restriction bars repeat or successive claims by the same party targeting the same parcel and owner.
What court handles squatter removal in Hawaii?
Summary possession actions under Haw. Rev. Stat. ch. 666 are filed in the district court of the circuit where the property is located. If the occupant asserts a colorable claim to title, the matter may proceed as an ejectment action in circuit court.
Is self-help eviction legal in Hawaii?
No. Hawaii law prohibits self-help eviction. A property owner cannot physically remove an occupant, change locks, remove belongings, or shut off utilities to force someone out without first obtaining a writ of possession from the district court. Doing so can result in civil liability.
Did Hawaii pass a new squatter-removal law in 2024 or 2025?
As of May 27, 2026, Hawaii has not enacted a stand-alone expedited squatter-removal statute. Act 278, which took effect February 5, 2026, created a pre-filing mediation program for landlord-tenant disputes generally but does not establish a fast-track removal process for squatters or trespassers. Property owners should monitor the Hawaii Legislature website for updates.
What is the difference between a squatter and a trespasser in Hawaii?
A trespasser enters property without permission and without any intent to stay. A squatter occupies property without permission but does so continuously and openly, potentially building toward an adverse possession claim over time. In practice, the legal removal process under Haw. Rev. Stat. ch. 666 applies to both, but a squatter who has been on the property for years may attempt to assert possessory rights in the summary possession hearing.
Sources and References
- Haw. Rev. Stat. § 657-31, Limitation of Actions for Recovery of Real Property(capitol.hawaii.gov)
- Haw. Rev. Stat. § 669-1, Quiet Title Actions(capitol.hawaii.gov)
- Haw. Rev. Stat. ch. 666, Summary Possession(capitol.hawaii.gov)
- Hawaii Constitution, art. XVI(capitol.hawaii.gov)
- Hawaii State Judiciary, Landlord-Tenant Self-Help Resources(courts.state.hi.us)
- Hawaii Act 278 (2025), Pre-Filing Eviction Mediation Program(courts.state.hi.us)