MCC §3.48.240
When one co-owner pays all property taxes
Read the official text at library.municode.com ↗If one co-owner pays all the overdue property taxes, they can get a lien on the other co-owner's share. They must record a sworn notice within 90 days. The lien lasts three years and can be enforced in court.
landowners
The ordinance, as written (Maui County) — Cotenancy
A copy, taken August 21, 2026. The version published by Maui County is the one that governs, and it may have changed since. Check it before relying on anything here.
A.
In case of cotenancy, if one cotenant pays, within the period of the government lien,
all of the real property taxes, interest, penalties and other additions to the tax,
due and delinquent at the time of payment, he shall have, pro tanto, a lien on the
interest of any noncontributing cotenant upon recording in the bureau of conveyances,
within ninety days after the payment so made by the cotenant, a sworn notice setting
forth the amount claimed, a brief description of the land affected by tax key or otherwise,
sufficient to identify it, the tax year or years, and the name of the cotenant upon
whose interest such lien is asserted. When a notice of such tax lien is recorded by
a cotenant, the registrar shall forthwith cause the same to be indexed in the general
indexes of the bureau of conveyances. In case the land affected is registered in the
land court, the notice shall also contain a reference to the number of the certificate
of title of such land and shall be filed and registered in the office of the assistant
registrar of the land court, and the registrar, in his capacity as assistant registrar
of the land court, shall make a notation of the filing thereof on each land court
certificate of title so specified.
B.
The cotenant's lien shall have the same priority as the lien or liens of the government
for the taxes paid by and may be enforced by an action in the nature of suit in equity.
The lien shall continue for three years after recording or registering, or until termination
of the proceedings for enforcement thereof in such proceedings are begun, and notice
of the pendency thereof is recorded or filed and registered as provided by law, within
the period.
C.
The director or his subordinate, in case of a government lien, and the creditor cotenant,
in case of a cotenant's lien, shall, at the expense of the debtor, upon payment of
the amount of the lien, execute and deliver to the debtor a sworn satisfaction thereof,
including a reference to the name of the person assessed or cotenant affected as shown
in the original notice, the date of filing of the original notice, a description of
the land involved, and the number of the certificate of title of such land if registered
in the land court, which, when recorded in the bureau of conveyances or filed and
registered in the office of the assistant registrar of the land court, shall, in the
case of a cotenant's lien, which contains the reference to the book and page of the
original lien, be entered in the general indexes of the bureau of conveyances, and
if a notation of the original notice was made on any land court certificate of title,
the filing of such satisfaction shall also be noted on the certificate.
D.
This section as to cotenancy shall apply, as well, in any case of ownership by more
than one assessable person.
(Ord. 1076 § 3 (part), 1980: prior code § 6-1.47 (part))
Read the official text at library.municode.com ↗as published Nov 21, 2025our copy taken Aug 21, 2026
Published by the County of Maui through Municode.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.