Noa is purchasing a residential property in Hawaii and discovers that the property is subject to native Hawaiian traditional and customary access and gathering rights. Noa's attorney advises that these rights are legally recognized encumbrances. Which of the following statements about these rights is accurate under Hawaii law?
Correct Answer
D) These rights may encumber private property and are not extinguished by a fee simple deed or title insurance
Under Hawaii law, including the Hawaii Constitution and HRS Section 1-1, native Hawaiian traditional and customary access and gathering rights are legally recognized and may encumber private property. These rights are not extinguished by the transfer of fee simple title or by the issuance of title insurance. They are unique encumbrances that do not exist in other states and must be disclosed in real estate transactions. Licensees must advise buyers that these rights can affect property use even after a fee simple purchase.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Question
Background Knowledge for Property Ownership
Real World Application in Property Ownership
Common Mistakes to Avoid on Property Ownership Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
More Property Ownership Questions
Which Hawaii rule controls when a condominium association budgets expenses and hires a managing agent?
Which Hawaii rule controls when a parcel is classified in the agricultural district?
In a Hawaii real estate transaction, a shoreline-adjacent property is inside the mapped special management area. What should the licensee remember?
A Hawaii licensee is reviewing state land use classification is tested. What is the best answer?
For the Hawaii salesperson state portion, a question compares condominiums, cooperatives, and planned communities. Which statement is correct?
- → For the Hawaii salesperson state portion, a condominium question distinguishes a unit from common elements. Which statement is correct?
- → A Hawaii broker asks a salesperson about a time share plan is offered to the public in Hawaii. Which answer follows Hawaii law?
- → A Hawaii broker asks a salesperson about development is proposed inside a special management area. Which answer follows Hawaii law?
- → In a Hawaii real estate transaction, a developer markets time share interests based on use nights. What should the licensee remember?
- → A Hawaii licensee is reviewing a buyer asks why a Hawaii condominium unit can be separately conveyed. What is the best answer?
- → Wisconsin adopted the Marital Property Act in 1986, creating a system similar to community property. Under this law, property acquired during marriage is generally considered:
- → Lead-based paint disclosure is particularly relevant in Wisconsin because:
- → An easement by prescription in Wisconsin requires continuous use for:
- → Wisconsin's agricultural use value assessment allows qualifying farmland to be:
- → Wisconsin property taxes are calculated using a:
People Also Study
Buyer Representation Agreement
8% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Financing
12% of exam
Related Articles
Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices
Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Real Estate Exam Property Ownership & Title (2026): Deeds, Liens, Encumbrances + Practice Questions
Understand deeds, liens, encumbrances, and ownership types with exam-style practice questions and traps.
Property Landing Page — 2026 U.S. Agent Guide: Setup, Use Cases & Pro Tips
Learn how Property Landing Page works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.