Mason v. Wailea Resort Co.

ACOBA, Judge.

The issue presented is whether Petitioner-Appellant Edward F. Mason (Mason), an owner of land registered under the Torrens system of land registration,1 was entitled to *58notice and a hearing under Hawaii Revised Statutes (HRS) § 501-196 (Supp.1992) before the land court, ex parte, granted Respondent-Appellee Wailea Resort Company, Ltd.’s (Respondent) petition to amend Mason’s transfer certificate of title by subjecting Mason’s land to a declaration of covenants and restrictions different from the declaration then in effect. We agree with Mason that all registered owners of lots…