Tracing Ancestry and Land Titles in Hawai‘i

If you have the patience to research your genealogy and uncover whether your ancestors’ land was taken unlawfully, you may have a chance to reclaim it. The information on how to do this is below.

  • Start by researching your genealogy to confirm your identity and ancestral ties.

  • Explore whether your ancestors owned land in Hawai‘i.

  • Investigate how the land changed hands over time.

  • Were your ancestors the original landowners?

  • Was the land passed down, sold, or taken?

  • If it was taken, was the process lawful?

https://copilot.microsoft.com/ and ChatGPT.com can answer your questions for free. 

If you go to ChatGPT.com, click the Legal & Contracts page at the top left, to ask it any question you may have; it's a free tool that can provide answers and ideas to guide you. Please don’t ask me for details, because I don’t have answers. I just know how to research.

You can also ask questions directly in the address bar to find other answers through different websites.

The information below is based on the questions I asked ChatGPT.com about how to research Hawaiian genealogy and Land Titles to learn if land was unlawfully taken, and how to return it to the rightful descendants. 

I’ve also included phone numbers and links that may be useful; please call them directly for further support because the information below is all I know about this process.

If you're unsure about what something means, just do what I do: type your question directly—like "What does [insert your question] mean?"—into the chat at https://copilot.microsoft.com or ChatGPT.com, and you'll get an instant answer.

If ChatGPT.com says you've run out of time and need to upgrade or wait a few hours, just turn off your computer and turn it back on again. Then you don't have to wait for the time it says.

If you're writing something and you’d like your words to be made clearer, just type “Reword:” followed by your sentence or sentences on those sites, and they’ll rewrite it in a more understandable way. All you have to do is copy and paste what you want reworded in the chat.

You Can Do This!

I'm not responsible for any results or outcomes. I simply want to share what I’ve learned because I care deeply about Hawai‘i and its people. So much harm has been done, and it’s time we all do our part to stand up and make things right.

I asked ChatGPT.com, "Through §532 8 Kindred of Half Blood “all those who are not of the blood of the ancestor, shall be excluded from such inheritance.” capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0532/HRS_0532-0008.htm and  §172 11 Land Patents from Land Commission Awards “the title to the real estate thereby granted has been alienated; and all land patents so issued shall inure to the benefit of the heirs and assigns of the holder of the original award.” https://law.justia.com/codes/hawaii/title-12/chapter-172/section-172-11/ Can a Hawaiian claim land if their ancestor was the original land owner?"

The answer was YES.

I followed up by asking whether other laws might also apply, and this is what I learned:

🔷 1. HRS §603-21.7 – Equity Jurisdiction of Circuit Courts https://law.justia.com/codes/hawaii/title-32/chapter-603/section-603-21-7/

  • Why it matters: Gives Hawaii Circuit Courts broad authority to resolve land title disputes and petitions to determine heirs.

  • How to use it: You may petition the court to determine rightful heirs, reopen land claims, or challenge improper land transfers under this statute.

🔷 2. HRS §669-1 – Quiet Title Actionshttps://law.justia.com/codes/hawaii/title-36/chapter-669/section-669-1/#:~:text=%C2%A7669%2D1%20Object%20of%20action.&text=(b)%20Action%20for%20the%20purpose,not%20less%20than%20twenty%20years.

  • Why it matters: Allows anyone with a claim to real property to file a suit to establish title, especially if there's a dispute or unclear ownership.

  • How to use it: You can use this statute to legally assert your claim to ancestral land by filing a quiet title action and naming current titleholders as defendants.

🔷 3. HRS §501-118 and §502-82 – Fraudulent Title / Land Court Remedies https://law.justia.com/codes/hawaii/title-28/chapter-501/section-501-118/ and https://law.justia.com/codes/hawaii/title-28/chapter-502/section-502-82/

  • Why it matters: Provides recourse for land fraud or improperly recorded documents.

  • How to use it: If your family land was taken without your ancestors’ consent or through fraudulent title transfers, you can petition to have it voided or corrected.

🔷 4. HRS §171-99 – Reopening Land Commission Claimshttps://law.justia.com/codes/hawaii/title-12/chapter-171/section-171-99/

  • Why it matters: Gives a pathway to reopen old land claims in certain situations (usually for kuleana lands or lands still held by the State).

  • How to use it: You may request administrative or judicial review if there’s evidence your family’s land was never properly awarded, patented, or recognized.

🔷 5. Doctrine of “Heirs and Assigns” in Land Patents

🔷 6. HRS §560: Probate Code (Especially Article II) §560:2-101 Intestate estate. (a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter, except as modified by the decedent's will. https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-2-101-to-560-2-902/

  • Why it matters: Defines how property passes when someone dies without a will (intestate succession).

  • How to use it: If your ancestor died intestate, this code determines how the property should have passed — useful if the property was never legally transferred.

🔷 7. Case Law:

Several Hawaii Supreme Court cases support Native Hawaiian land rights:

🔷 8. Kuleana Rights & Protection

  • Based on HRS §7-1, HRS §1-1, and Hawaiian Kingdom law https://law.justia.com/codes/hawaii/title-1/chapter-7/section-7-1/

  • Why it matters: Kuleana land (granted to makaʻāinana/commoners) retains use rights, even if surrounding lands changed ownership.

  • How to use it: You may still have rights of access, gathering, cultivation, or even occupation, if the kuleana parcel was never legally extinguished.

🔷 9. Federal & Constitutional Protections

⚖️ Summary of the Two Statutes

  1. HRS §532-8 – Kindred of Half Blood “All those who are not of the blood of the ancestor shall be excluded from such inheritance.”
    Meaning: Only blood relatives (i.e., biological descendants) of the landowner may inherit. Collateral relatives through marriage or adoption (not of blood) are excluded.

  2. HRS §172-11 – Land Patents from Land Commission Awards “All land patents so issued shall inure to the benefit of the heirs and assigns of the holder of the original award.”
    Meaning: If a land patent was issued following a Land Commission Award (LCA), the legal title — even if not passed down directly — is considered to benefit the heirs (blood descendants) and assigns (those legally assigned through deed or will).

📌 Can a Hawaiian Today Reclaim Their Ancestor’s Land?

Possibly yes, but only under certain conditions. Here's what must be true:

✅ 1. You Must Prove Lineage (Heirship)

You need to establish that:

  • You are a direct blood descendant of the original awardee

  • This must be supported by certified birth certificates, genealogy charts, and/or affidavits of heirship

✅ 2. The Land Must Not Have Been Properly Conveyed to Others

You must show that:

  • The land was never legally sold or deeded away (i.e., chain of title was broken or lost)

  • Or, if it was taken, that the taking was not lawful (e.g., no due process, no just compensation, or fraudulent conveyance)

✅ 3. You File a Legal Action (Usually in Circuit Court)

This is often a quiet title action or a petition to recognize heirship. It can be complex and requires historical, legal, and genealogical evidence.

⚠️ Key Obstacles

  • Adverse possession laws might block your claim if someone else has used the land uncontested for decades

  • If the land was legally conveyed (even under duress or misunderstanding), the court may not invalidate the sale

  • The State or private developers may have stronger documented claims unless challenged

💬 Bottom Line

Yes, Hawaiian descendants may be able to reclaim kuleana or Māhele-era lands if they can prove:

  1. Direct descent from the awardee

  2. Improper or no legal transfer

  3. Legal standing through heirship

But it's a legal battle that usually requires a quiet title suit, and the support of a land rights attorney.

ChatGPT.com Legal & Contracts page at the top left can:

  • Help you draft an affidavit of heirship or a petition for quiet title? Just ask it to.

  • Connect you with the Native Hawaiian Legal Corporation or a land recovery attorney in Hawaii? Just ask it.

✅ Part 1: Create Your Starter Legal Document

ChatGPT.com can start an affidavit or declaration for a quiet title petition and/or heirship claim. Just Ask ChaptGPT.com like you are talking to a person, and it will lay out:

  • Your connection to the original land awardee

  • The legal grounds for your investigation

  • What you’re requesting (title clarification, possible return of land, etc.)

It will need a few details (ChatGPT.com will create this for you with these details, just ask it):

  1. Your full name

  2. Your relation to the land/ancestor (e.g., great-grandchild of LCA holder)

  3. Island, district, or ahupuaʻa of the land

  4. Any known Land Commission Award (LCA) or Royal Patent (RP) number

  5. What you want the court or government agency to do (e.g., return land, confirm heirship, investigate improper sale)

💼 Part 2: Refer You to a Native Hawaiian Land Attorney

ChatGPT.com can do a lot of work for you. Just ask it questions.

Download this case because it won Hawaiian land back, and it could help your case if you had to go to court:

MAKAPONO PARTNERS, LLC fought to regain ancestral land legally, and ultimately WON through the Land Commission Award No. 7354, Royal Patent Nos. 8032 and 8033 to KALUA. DOWNLOAD AND MAKE A PRINTED COPY because this case could help your case, maybe. http://oaoa.hawaii.gov/jud/ica24096mop.pdf 

Take your time and be patient with the process. Pause and take breaks along the way—this kind of journey can be emotional and complex. But remember, the effort you put in could one day help restore your ancestral ties to the land. And that’s worth every step, and there is no guarantee to the outcome.

If your ancestors are in any of these PDFs, it will be good to download and make a printed copy to keep the information for your records. Should you need it, you'll know for sure you have it.

Why It's Important to Download and Keep This File Safe:

• It’s a primary reference for finding LCA numbers, claimant names, and island/district designations.

• It links directly to the Māhele-era land redistributions.

• Having a local copy ensures access even if websites go offline or archives are altered. It's a key asset for historical preservation.

First:

It's best to have 4-6 birth certificates to prove your identity, as you will need this to establish your relationship to the original landowner.

Taken from ChatGPT.com:

Hawaiian Genealogy Research Tools:

  1. Hawaiian Land Information, contact them if you need help https://kipukadatabase.com/

  2. Papakilo Database A comprehensive resource for Hawaiian historical and genealogical information, including land records and newspapers. papakilodatabase.com

  3. FamilySearch.org Free genealogy database with millions of global records — includes Hawaiian birth, marriage, census, and probate records. familysearch.org

  4. Ulukau: Hawaiian Electronic Library Contains Hawaiian language newspapers, Hawaiian dictionaries, and genealogy books. ulukau.org

  5. Office of Hawaiian Affairs (OHA) Hawaiian Registry Assists Native Hawaiians in documenting their ancestry and verifying descent. oha.org/hawaiian-registry

  6. Hawaiʻi State Archives Genealogy Guide Offers detailed records including court, census, naturalization, and land claims. ags.hawaii.gov

  7. Chronicling America – Historic Hawaiian Newspapers Explore digitized newspapers from Hawaiʻi that can contain marriage announcements, obituaries, and more. chroniclingamerica.loc.gov

  8. Kamehameha Schools – Finding Your Roots A cultural guide that introduces young Hawaiians to genealogical research practices. kaiwakiloumoku.ksbe.edu

This site could give you easy information https://www.ancestry.com/.

Here is how to find birth certificates:

Online (Fastest & Most Convenient) You can order a certified birth certificate through the Hawaii Department of Health’s official online portal:

https://vitrec.ehawaii.gov/vitalrecords/.

Requirements:

• A valid government-issued photo ID (e.g., Hawaii State ID, driver’s license, or passport) for upload.Hawaii State Department of Health

• Payment via credit or debit card.

• The name on the card must match the requestor’s name. Hawaii State Department of Health+1Hawaii State Department of Health+1 Fees:

• $10 for the first copy. https://vitrec.ehawaii.gov/vitalrecords/order?utm_source=chatgpt.com

• $4 for each additional copy of the same record. https://vitrec.ehawaii.gov/vitalrecords/order?utm_source=chatgpt.com

• A $2.50 portal administration fee per order (up to 5 copies). https://portal.ehawaii.gov/home/online-services/birth-certificates/?utm_source=chatgpt.com

https://www.cdc.gov/nchs/w2w/hawaii.htm?utm_source=chatgpt.com

Processing Time:

• Typically 4–6 weeks https://portal.ehawaii.gov/home/online-services/birth-certificates/?utm_source=chatgpt.com

• No expedited service is available online. 

Mail-In Request For those who prefer or require mail-in service:

Hawaii Department of Health https://health.hawaii.gov/vitalrecords/birth-marriage-certificates/?utm_source=chatgpt.com

1. Download and complete the appropriate application form from the Hawaii Department of Health's website.

2. Include a photocopy of your government-issued photo ID.

3. Prepare a cashier’s check, certified check, or money order payable to the State Department of Health. https://www.lawhelp.org/files/EAD80A2B-BF27-AE00-DEE5-0D4ED48A9D0F/attachments/C87CFC32-42B1-42BE-ADAA-926BF07C5C96/o.13-how-to-apply-for-certified-copies-of-vital-records-in-the-state-of-hawaii.rev.8.2023.pdf

Mail all documents to:

https://health.hawaii.gov/vitalrecords/?utm_source=chatgpt.com

State Department of Health 

Office of Health Status Monitoring

Issuance/Vital Statistics Section

P.O. Box 3378

Honolulu, HI 96801

Processing Time:

• Up to 8–10 weeks, depending on completeness and accuracy of the application. 

In-Person Pickup (Oʻahu Only) If you're on Oʻahu, you can schedule an appointment to pick up your certificate:

• Location: 1250 Punchbowl Street, Room 103, Honolulu.

• Hours: Monday, Wednesday, and Friday, 7:45 a.m. to 2:30 p.m. (Closed on Tuesdays and Thursdays). City and County of Honolulu

• Requirements: Valid government-issued photo ID and any documents establishing entitlement to the certificate. Hawaii State Department of Health

• Note: Appointments are required.Hawaii.gov+5Hawaii State Department of Health

• Phone: (808) 586-4539

• Email: doh.issuanceQuery@doh.hawaii.gov

For residents of neighbor islands, contact your local District Health Office. Hawaii State Department of Health https://www.lawhelp.org/files/EAD80A2B-BF27-AE00-DEE5-0D4ED48A9D0F/attachments/C87CFC32-42B1-42BE-ADAA-926BF07C5C96/o.13-how-to-apply-for-certified-copies-of-vital-records-in-the-state-of-hawaii.rev.8.2023.pdf

🔹 Older Birth Records (Before 1909)

These may be available at:


After you get birth certificates, learn if your ancestors owned land and how it was sold. This will take time, have patience: 

The 1929 Index of Awards by the Board of Commissioners to Quiet Land Titles (Land Commission Awards - LCAs) is an essential document for anyone tracing Hawaiian land ownership and ancestral claims during the Māhele period. https://evols.library.manoa.hawaii.edu/items/6a91aa1f-5348-4709-b494-50d247057fcb

Are your ancestors in this PDF? Direct PDF Link (Hosted by Hawai‘i State Archives): https://ags.hawaii.gov/wp-content/uploads/2023/09/1929_index_of_lca.pdf Please download if your ancestors are in this PDF.

Key Websites for Māhele-Era Land Records:

1. WaihonaʻAina Mahele Database A comprehensive database containing over 14,500 records of awarded and unawarded land claims from the Māhele period. This link will warn you that it is not safe. It is safe. Click Advaced, then click Proceed to https://waihona.com/(unsafe)   https://waihona.com/. Contact them should you need help with your research.

2. UlukauMāhele Database Part of the Hawaiian Electronic Library, https://ulukau.org/cgi-bin/vicki?a=p&p=intro&utm_source=chatgpt.com. This resource offers access to Māhele records, including land awards and claims.

3. University of Hawaiʻi Māhele Research Guide A detailed guide to locating Māhele records using various indexes, databases, and microfilm resources. https://guides.library.manoa.hawaii.edu/locatingmahelerecords?utm_source=chatgpt.com  

4. AVA Konohiki – Hawaiʻi Land Documents Offers a searchable collection of Land Commission Awards, Buke Māhele, and testimonies, facilitating in-depth land research. https://avakonohiki.weebly.com/hawaii-land-documents.html?utm_source=chatgpt.com    

5. Office of Hawaiian Affairs – Hawaiian Registry Program Assists individuals in verifying Native Hawaiian ancestry and provides resources for genealogical research. https://www.oha.org/resources/hawaiian-registry/   

Tips for Navigating These Resources

• Search by Ahupuaʻa or District:

If you know the traditional land division (ahupuaʻa) or district your ancestors were associated with, use that as a starting point.

• Utilize LCA and RP Numbers: Land Commission Awards and Royal Patents are often cataloged numerically. If you have these numbers, they can expedite your search. https://www.crownofhawaii.com/land-awards?utm_source=chatgpt.com  

• Review Testimonies: Many land claims include testimonies that provide context and familial connections, which can be invaluable for genealogical research. https://www.pricegen.com/using-hawaiian-land-commission-awards-in-hawaiian-genealogy/?utm_source=chatgpt.com

• Consult Multiple Sources: Cross-reference information across different databases to ensure accuracy and uncover additional details.

1. Claiming Kuleana Lands (Māhele-Era Land Grants)  Kuleana lands were granted to Native Hawaiians under the Kuleana Act of 1850 https://www.hawaiiankingdom.org/pdf/1850_Kuleana_Act.pdf 

To determine if your ancestors held such lands and to explore potential claims:

Step 1: Research Ancestral Land Ownership

• Kīpuka Database: Search for Land Commission Awards (LCAs) and Royal Patents (RPs) associated with your ancestors. lineages.com and https://lineages.com/using-hawaiian-land-commission-awards-in-hawaiian-genealogy/?utm_source=chatgpt.com

• 1929 Index of Awards: Consult this index to identify LCAs granted during the Māhele period. Step

Step 2: Establish the Chain of Title Determine the ownership history of the land from the original award to the present. This involves:

• Reviewing deeds, wills, and court records.

• Consulting resources like "Title Searching for the Non-Professional" available at ulukau.org.

Step 3: Legal Assistance If you believe you have a valid claim or need help navigating the process:

🏛️ Native Hawaiian Legal Corporation (NHLC) https://nativehawaiianlegalcorp.org/

  • Type: Nonprofit public interest law firm specializing in Native Hawaiian land rights

  • Services: Quiet title defense, kuleana land claims, ceded lands trust, Hawaiian homestead rights, water and burial protections 

  • Contact:
    Honolulu – 1164 Bishop St #1205, Honolulu, HI 96813
    Kona – By appointment at 75-5995 Kuakini Hwy, Suite 312, Kailua-Kona, HI 96740
    Phone: (808) 521‑2302; Email: inquiry@nhlchi.org probonoinst.org

⚖️ Cades Schutte – Historic Preservation & Native Hawaiian Rights Team
🧭 Starn O'Toole Marcus & Fisher – Ivan M. Lui‑Kwan
🌿 Pele Defense Fund
🧰 Office of Hawaiian Affairs (OHA)

  • Type: Government agency

  • Role: Manages ceded lands trust, engages in traditional rights, and can provide referrals or resources.

🛠️ What Each Can Do for You

Organization

Key Services

NHLC

Legal representation in quiet title lawsuits, kuleana claims, and land defense

Cades Schutte

Cultural/archaeological site protection, advising on customary rights

Starn O’Toole

Complex land use, zoning, government relations (especially with developers or agencies)

Pele Defense Fund

Advocacy for traditional religious/cultural lands and environmental rights

OHA

Resource and trust management, may aid referrals

Here is another legal site https://www.lawhelp.org/hi/


Here's an overview of the steps and the role affidavits play in this process: 

Understanding Kuleana Land Claims Kuleana lands were granted to Native Hawaiians under the https://www.hawaiiankingdom.org/pdf/1850_Kuleana_Act.pdf Kuleana Act of 1850. To claim such lands today, you must establish a clear line of descent from the original awardee and demonstrate a continuous chain of title.

Role of Affidavits in the Claim Process, Affidavits are sworn statements used to support your claim to Kuleana lands.

They may be required in various contexts:

1. Genealogical Affidavits:

To prove lineage from the original land awardee.

2. Affidavit of Heirship:

When formal probate has not been conducted, this affidavit helps establish rightful heirs.

3. Affidavit of Possession:

To demonstrate continuous use or occupancy of the land.

4. Affidavit for Collection of Personal Property:

Used when claiming property from a deceased relative's estate without formal probate, applicable if the estate's value is below a certain threshold. https://budget.hawaii.gov/wp-content/uploads/2020/02/Deceased-Owner-Claim-Instructions.pdf?utm_source=chatgpt.com

Each affidavit must be notarized and accompanied by supporting documents, such as birth certificates, death certificates, or land records.

Legal Assistance

Given the complexity of land claims, it's advisable to consult with legal professionals experienced in Hawaiian land matters. The Native Hawaiian Legal Corporation (NHLC) offers services to assist with such claims. Native Hawaiian Legal Corporation https://nativehawaiianlegalcorp.org/?utm_source=chatgpt.com

Additional Resources

• Office of Hawaiian Affairs (OHA) Kīpuka Database: Research land awards and claims.

• Ulukau: Hawaiian Electronic Library: Access historical documents and resources.

• FamilySearch.org: Explore genealogical records to trace ancestry.