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Hello JA Customer:
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What is/are your specific question(s) with regard to the property?
I want the property that I was left by my father and what can I do about the condo complex that has been built on half of the said property.
Ok thanks for clarifying that. There are two forms of ownership in Hawaii, one is called fee simple and the other is called a leasehold. Fee simple ownership means you own the land and the structures on the property. Leasehold means you own the improvements (structures) but not the land itself. Land leases are usually 55 years in length.
That being said, the first thing you need to do is find out whether you own the land and what kind of interest you have in the property. The document that evidences ownership in land is called a Deed. Here is a great website that may help you determine who currently owns the land and hopefully that is you!
If you are in fact the rightful owner of one or both parcels, you are free to lease, sell, encumber (mortgage) or improve (build on the property) as you wish. If the condo was build on land that you own, you are entitled to reasonable compensation and you can bring a legal action (lawsuit) against whoever built on it, to recover damages for the value of the property that was used by the condo.
I would suggest that you immediately contact a real property attorney licensed to practice in the state of Hawaii. Many attorneys offer a free initial consultation and some will agree to represent you on a contingency fee basis meaning there will not be any up-front fees or costs to you and you won't be charged anything unless there is a recovery for you.
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