Haw. Rev. Stat. § 657-7
Trespass / Nuisance
Interference with property use, such as entering land or creating ongoing disturbances.
Statute of Limitation in Hawaii
The statute allows individuals to file claims for trespass or nuisance within two years from the date the trespass or nuisance occurs.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the trespass is ongoing or if the affected party cannot reasonably discover the nuisance, which may toll the statute of limitations; additionally, if the responsible party has concealed their actions, this may also affect the filing period. Contact an attorney.
Example Scenario
If a trespass occurs on May 1, 2023, the claim must be filed by May 1, 2025.
Understanding Statutes of Limitations in Hawaii
The statute of limitations for trespass / nuisance in Hawaii acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Hawaii state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for trespass / nuisance after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Hawaii, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Hawaii law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Hawaii serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Hawaii Small Claims court?