PART IV. NOTICE OF PENDENCY OF ACTION §634-51 Recording of notice of pendency of action. (a) In any action concerning real property or affecting the title or the right of possession of real property, the plaintiff at the time of filing the complaint; any state or county agency, board, or commission imposing an administrative enforcement action; and any other party at the time of filing a pleading in which affirmative relief is claimed, or at any time afterwards, may record in the bureau of conveyances a notice of the pendency of the action, containing the names or designations of the parties, as set out in the summons or pleading, the object of the action or claim for affirmative relief, and a description of the property affected thereby. From and after the time of recording the notice, a person who becomes a purchaser or encumbrancer of the property affected shall be deemed to have constructive notice of the pendency of the action and be bound by any judgment entered therein if the person claims through a party to the action; provided that in the case of registered land, section 501-151, sections 501-241 to 501-248, and part II of chapter 501 shall govern. (b) This section authorizes the recording of a notice of the pendency of an action in a United States District Court, as well as a state court. (c) As used in this section, "action" includes an administrative enforcement action by any state or county agency, board, or commission against a landowner for a land use violation or a currently unauthorized structure encroaching on public lands, including but not limited to submerged lands or lands within the shoreline, that falls, slides, or comes onto public land, or arises from or benefits an adjoining or abutting private land. [L 1927, c 73, §1; RL 1935, §4086; RL 1945, §10068; RL 1955, §230-42; am L 1966, c 33, §4; HRS §634-76; am L 1972, c 89, §2A(p); ren HRS §634-51; gen ch 1985; am L 1998, c 219, §14; am L 2009, c 120, §14; am L 2013, c 119, §9; am L 2023, c 236, §3]
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