How to Buy Land in Hawaii &
What To Know Before You Buy.

Hawaii Land Buying Guide

Purchasing land in Hawaii involves several unique considerations that differ from mainland real estate transactions. This guide covers the key factors to help you make an informed decision when buying land in Hawaii, including zoning regulations, water rights, environmental challenges, and the importance of title searches.

1. Zoning Regulations

Hawaii’s strict zoning laws help balance development with environmental and cultural preservation. It’s essential to understand the zoning designation of any property you consider, as it determines how the land can be used.

• Agricultural: For farming or raising livestock, with potential restrictions on residential buildings. Properties in these zones may have limitations on subdivision and development.
• Residential: Designed for building homes and community development. These zones are ideal for constructing single-family residences.
• Conservation: Land that is protected for environmental reasons, with strict regulations on building. Development in these areas may be heavily restricted or prohibited.
• Resort: Land designated for hotels and vacation rentals, often in tourist-heavy areas. If you plan to develop for short-term vacation rentals, ensure the land is properly zoned and check for any regulatory caps on permits.

Check local county ordinances and zoning maps to confirm the zoning restrictions before purchasing land.

2. Water Rights and Access

Water access is critical when buying land in Hawaii, especially for agricultural purposes or off-grid living. Hawaii has unique water laws that protect natural resources, so it’s important to understand what rights come with the land.

• County Water System: If the land is connected to a municipal water supply, you’ll have reliable access to potable water. However, not all properties are connected, particularly in rural areas.
• Private Wells: In more remote areas, a private well may be the primary water source. Ensure that water rights are included with the property, and investigate the cost of drilling or maintaining a well.
• Catchment Systems: Rainwater catchment systems are common in rural or off-grid areas. They require careful maintenance, and you’ll need to ensure the water is filtered for safety.

Be sure to research water access and rights thoroughly, particularly if the land is located in a remote area or intended for agricultural use.

3. Environmental and Topographic Challenges

Hawaii’s natural beauty brings environmental challenges that can affect land development and usage.

• Soil Quality: If you plan to farm, assess the land’s soil quality. Volcanic soil can vary greatly in fertility, and some areas may not be suitable for agriculture.
• Flood Zones: Low-lying and coastal areas are prone to flooding. Properties in these areas may require elevated construction and additional insurance. Consult FEMA flood maps to assess the property’s risk.
• Slope and Erosion: Sloped land can be prone to erosion, making development more expensive and challenging. Always conduct a topographic survey to assess potential issues with stability and drainage.
• Lava Zones: On the Big Island, properties fall within different lava flow hazard zones. Properties in high-risk zones may face higher insurance costs and construction challenges.

Understanding the environmental and topographic realities of the land is crucial for determining development feasibility and long-term safety.

4. Access to Utilities

Utility access can be limited in rural and remote areas, and it’s important to verify the availability of essential services before purchasing land.

• Electricity: Not all land is connected to the electrical grid. If the property isn’t, you may need to explore alternative energy options like solar power.
• Sewage and Wastewater: Many rural properties rely on septic systems. Installing a septic system requires meeting specific environmental regulations and can be costly.
• Internet and Phone Service: Connectivity may be limited in some rural areas. If high-speed internet is essential for you, verify its availability before purchasing.

Always consider the costs and logistics of connecting utilities to the property, especially in off-grid areas.

5. Title Search and Property Boundaries

One of the most critical aspects of buying land in Hawaii is conducting a thorough title search. Hawaii’s history of land ownership is complex, and disputes over land titles are not uncommon, especially with older properties or those with unclear boundaries.

• Verify Ownership: A title search ensures that the seller has legal ownership of the land and that there are no claims, liens, or disputes over the property. In Hawaii, particularly, land ownership records can go back centuries, making title research crucial.
• Boundary Surveys: Properties in Hawaii may have unclear or disputed boundaries, especially in rural areas. Always have a professional land survey done to confirm the boundaries of the property and ensure there are no encroachments or easements that could affect your use of the land.
• Easements and Encroachments: Some properties have easements allowing neighbors or utility companies access to parts of the land. Be sure to identify any existing easements before purchasing, as they can affect how you use and develop the property.

Engage a reputable title company and surveyor to conduct a full title review and land survey. This will help prevent future legal issues and protect your investment.

6. Land Use Permits

If you plan to build or develop the land, obtaining the necessary permits from local authorities is essential.

• Building Permits: These are required for any new construction and must comply with local building codes and environmental regulations.
• Special Use Permits: If you want to use the land for a purpose outside its zoning designation (e.g., building a home on agricultural land), a special use permit may be needed. This process can be lengthy and is not guaranteed.
• Subdivision: If you plan to divide the land into smaller parcels, strict subdivision rules apply. Be prepared for a lengthy process with numerous requirements related to infrastructure, utilities, and zoning.

Ensure that any development plans are in line with local regulations and that the necessary permits are in place before you purchase the land.

7. Cultural and Archaeological Sites

Hawaii is rich in cultural and historical significance. Some properties may contain archaeological sites that are protected under state and federal law. If the land you’re considering has any cultural or historical significance, development may be restricted or prohibited.

• Archaeological Surveys: Have an archaeological survey conducted to identify any protected sites on the property. If any are found, you may need special permits or be restricted in how you can develop the land.

Always check with the State Historic Preservation Division and consult local cultural experts before purchasing land with potential archaeological significance.

Final Considerations

• Title Search: Perform a thorough title search to ensure there are no disputes, claims, or liens on the property. This is especially important in Hawaii, where land ownership can have a complex history.
• Land Survey: A professional survey will confirm the property’s boundaries and help you avoid future legal disputes over encroachments or easements.
• Budget for Development: Development costs in Hawaii can be higher than expected due to environmental challenges, permitting processes, and utility access. Be sure to factor these into your budget and consult with local contractors who understand the nuances of Hawaii’s building requirements.

By taking the time to understand these key factors, you can make a smart and informed investment in Hawaii’s unique land market.