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:

1. Actual possession - the claimant physically uses and occupies the land.
2. Open and notorious - possession is visible and obvious to the owner.
3. Hostile - the claimant occupies without the owner's permission.
4. Exclusive - the claimant does not share possession with the owner or the general public.
5. 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:

1. 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.
2. File a complaint for summary possession in the district court of the applicable circuit.
3. Serve the summons and complaint on the occupant.
4. Attend the hearing. The district court typically schedules the matter within days to weeks after filing.
5. 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

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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.

Sources

• Haw. Rev. Stat. § 657-31, Limitation of Actions for Recovery of Real Property: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0657/HRS_0657-0031.htm
• Haw. Rev. Stat. § 669-1, Quiet Title Actions: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0669/HRS_0669-0001.htm
• Haw. Rev. Stat. ch. 666, Summary Possession: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0666/
• Hawaii Constitution, art. XVI: https://www.capitol.hawaii.gov/constitution/
• Hawaii State Judiciary, Landlord-Tenant Self-Help Resources: https://www.courts.state.hi.us/self-help/landlords_tenants
• Hawaii Act 278 (2025), Pre-Filing Eviction Mediation Program (eff. February 5, 2026): https://www.courts.state.hi.us/

National squatters rights guide

Last updated: May 27, 2026.

Statutes cited reflect their in-force version as of May 27, 2026.