In re the Settlement of The Boundaries of One Part of The Ahupuaa of Paunau

Citations

• 24 Haw. 546
• 1918 Haw. LEXIS 3

Syllabus

<p>•Boundaries — jurisdiction of commissioner.</p> <p>A boundary commissioner is authorized to decide and certify boundaries only upon the petition of an owner and his jurisdiction exists only in cases where the petitioner’s ownership of the land claimed in his petition is not contested.</p> <p>Same — same.</p> <p>In a proceeding under chapter 31 R. L. 1915 by an alleged owner of land to have the boundaries thereof decided and certified by the boundary commissioner and a contestant files a claim asserting title in himself to a definite portion of the land claimed in the petition the boundary commissioner is without jurisdiction to proceed in the matter and should dismiss the petition.</p> <p>Same — same.</p> <p>Where the dispute as to ownership arises solely by reason of adverse claims as to the location of the common boundary of two adjoining lands a proper case for the commissioner of boundaries is presented.</p>