In re: Application of Hind to Register Land Situate at Wailupe, Honolulu, Oahu

── In re: Application of Hind to Register Land Situate at Wailupe, Honolulu, Oahu ── Court: Hawaii Intermediate Court of Appeals Date: April 13, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 13-APR-2026 08:17 AM Dkt. 64 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I IN THE MATTER OF THE APPLICATION OF ROBERT HIND TO REGISTER LAND SITUATE AT WAILUPE, HONOLULU, OAHU AND IN THE MATTER OF THE PETITION OF TAI SHAN SHI YE LLC, Petitioner-Appellee, v. ELSIE T. HARADA and CHAD K. ARAKAWA, Trustees of the Francis K. Harada Family Trust under an unrecorded Francis K. Harada, Revocable Living Trust dated October 4, 1990; ELSIE T. HARADA and CHAD K. ARAKAWA, Trustees of the Elsie T. Harada Revocable Living Trust under an unrecorded Trust Instrument dated October 4, 1990; ANN FIDDLER, Executor of the Estate of Robert Fiddler, deceased, Respondents-Appellants APPEAL FROM THE LAND COURT OF THE STATE OF HAWAI#I (CASE NO. 1CLD-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.) This case involves a disputed easement over land court- registered property in #Âina Haina.1 Tai Shan Shi Ye LLC owns Lot 1688 (the Dominant Property). Elsie T. Harada, Chad K. Arakawa, and Ann Fiddler own Lot 1232-A-3 (the Servient 1 Lit., Hind's land (named for Robert Hind, who started the Hind- Clarke Dairy there in 1924). Mary Kawena Pukui, Samuel H. Elbert & Esther T. Mookini, Place Names of Hawaii 7 (1976).  NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Property). The Land Court granted Tai Shan's Petition to amend the Servient Property's certificate2 to note an Easement giving the Dominant Property access to Hao Street. Harada, Arakawa, and Fiddler appeal from the Land Court's Amended Judgment.3 We affirm. Land Court Order 68604 created the Dominant Property. It granted the Dominant Property access to what would become Hao Street by an easement over the Servient Property. It stated: 4. Said Lots 1653 through 1688, inclusive, will have access to a public road as follows: . . . . G. Said Lot 1688 has access by way of an easement over, along and under Lot 1232-A-3 (Roadway), as shown on Map 125[ 4] of Land Court Application No. 656. The Easement was noted on the Dominant Property's certificate,5 but not on the certificate for the Servient Property. On October 15, 2020, Tai Shan filed the Petition to amend the Servient Property's certificate to note the Easement. Harada, Arakawa, and Fiddler answered and objected to the Petition. On August 22, 2022, Tai Shan filed a memorandum that attached a copy of Order 68604 marked as Exhibit E, Land Court Order 31179 marked as Exhibit L, and other land court documents. 2 "Certificate means a certificate of title showing the owner's name, a description of the land and a summary of encumbrances affecting the land, if any." Rules of the Land Court, Rule 1.2. 3 The Honorable Gary W.B. Chang presided. 4 Map 125 shows the Servient Property is a "(44-ft. Road)" terminating on Hao Street. 5 Certificate No. 1033825 described the Dominant Property as 100.96