Confused by TMKs, lava zones, and water catchment when looking at South Kona property? You are not alone. Real estate in this part of Hawaiʻi uses a mix of local terms, legal systems, and rural infrastructure details that can influence value, financing, and how you use the land. In this glossary, you will get clear, plain-English definitions, why each term matters in South Kona, and a quick checklist of what to verify during a transaction. Let’s dive in.
How to use this glossary
This guide focuses on practical meaning and local implications so you can ask the right questions. Use the “What to check” list under each term during your due diligence. When you need official answers, contact the appropriate county or state office, or consult a licensed Hawaiʻi real estate professional, title company, surveyor, or attorney.
South Kona real estate terms
Fee simple
- What it means: You own the land and the structures with full rights to use, sell, mortgage, and transfer, subject to laws, liens, easements, and covenants.
- Why it matters in South Kona: Most residential parcels are fee simple, which many lenders and buyers prefer for clarity and long-term control.
- What to check:
- Title report and deed details.
- Existing mortgages, liens, easements, or conservation encumbrances.
- Title insurance availability.
Leasehold
- What it means: You own the improvements but lease the land for a set term, often decades. The lease controls rent, use, renewals, and transfer.
- Why it matters in South Kona: Less common than fee simple but present in some areas. Lease terms can affect financing, resale, and eligibility with lenders.
- What to check:
- Remaining lease term and any rent escalations.
- Assignability and terms for transfer or financing.
- Lender and underwriter requirements.
Tax Map Key (TMK)
- What it means: Hawaiʻi’s parcel identification number used on deeds, permits, MLS listings, and tax records.
- Why it matters in South Kona: You will use the TMK to pull zoning, tax, and permit history and to correctly identify the property in county systems.
- What to check:
- Match the TMK on the deed, title report, and MLS.
- Use the TMK to confirm zoning and tax records with county offices.
Land Court vs Regular System
- What it means: Hawaiʻi has two recording systems. Land Court issues a certificate of title that is generally conclusive. Regular System records conveyances without a Torrens certificate.
- Why it matters in South Kona: Land Court parcels can have clearer title records. Regular System parcels often require a detailed chain-of-title search and title insurance.
- What to check:
- Whether the parcel is in Land Court or the Regular System.
- Recorded documents affecting title and any required legal review.
Bureau of Conveyances / Title records
- What it means: State offices record deeds, mortgages, easements, and other instruments that affect ownership.
- Why it matters in South Kona: All ownership and encumbrance history is recorded here. Title companies rely on these records for your title search.
- What to check:
- Copies of recorded deeds, easements, and restrictions.
- Confirmation of title insurance and exceptions.
Kuleana (kuleana lot)
- What it means: Historically refers to rights and responsibilities. In property, it often means small parcels stemming from 19th-century native claims, sometimes with special access or usage rights.
- Why it matters in South Kona: These parcels can have complex access, occupancy, or resource rights and may appear as irregular shapes on older surveys.
- What to check:
- Full title history and any reserved or appurtenant rights.
- Access arrangements and recorded easements.
- Advice from a real property attorney when needed.
Ahupuaʻa
- What it means: Traditional land division from mountain to sea. Still used in cultural references and place names.
- Why it matters in South Kona: Helpful for cultural context and local orientation. It is not a legal boundary for ownership or permitting.
- What to check:
- Whether cultural or protected sites exist within the area.
- Any considerations for stewardship in planning use.
ʻĀina
- What it means: Hawaiian word for land, reflecting a relationship of care and respect.
- Why it matters in South Kona: You may see ʻāina referenced in community communications, subdivision names, or stewardship discussions.
- What to check:
- Community expectations and any cultural considerations for the property.
Lava Hazard Zone
- What it means: Island of Hawaiʻi is mapped into zones 1 to 9 by relative lava inundation probability. Zone 1 is the highest hazard.
- Why it matters in South Kona: Lava hazard zones can affect insurance, lending, and permitting. They also factor into your long-term risk profile.
- What to check:
- The property’s lava hazard zone on official maps.
- Lender and insurer requirements for the zone.
Flood zone / FEMA FIRM
- What it means: FEMA maps designate flood risk areas. Lenders may require flood insurance based on the zone.
- Why it matters in South Kona: Coastal and low-lying areas can be in flood or tsunami zones, which may require insurance or elevation certificates.
- What to check:
- The property’s flood zone classification.
- Insurance needs, premiums, and any elevation data.
Shoreline setback / Shoreline certification
- What it means: Rules set minimum setbacks from a certified shoreline for development. Certification defines the official shoreline location.
- Why it matters in South Kona: Beachfront or oceanfront projects can face setback limits and state permitting needs, affecting what you can build.
- What to check:
- Current shoreline certification status.
- County setback rules and any required state permits.
Coastal Special Management Area (SMA)
- What it means: Coastal zones where development requires SMA review and permits at the county level.
- Why it matters in South Kona: Additions, renovations, or new construction near the coast may need extra review and conditions.
- What to check:
- Whether the parcel is within the SMA.
- Permit type, processing time, and compliance history.
Cesspool vs septic vs sewer
- What it means: Cesspools are pits for raw sewage. Septic systems treat wastewater via a tank and drainfield. Sewer is a municipal system.
- Why it matters in South Kona: Many rural homes use cesspools or septic. Cesspools face state scrutiny and potential upgrade requirements.
- What to check:
- Which system serves the property and its condition.
- Any required upgrades and compliance with health rules.
Private water catchment / cisterns
- What it means: Rainwater collection systems with storage tanks, often paired with pumps and filters for potable use.
- Why it matters in South Kona: Many homes rely on catchment or wells rather than county water. Water capacity and treatment affect habitability and financing.
- What to check:
- Cistern size, tank condition, and maintenance records.
- Pump, filtration, and water test documentation.
County water service
- What it means: Municipal water provided where service lines exist. Coverage varies by area.
- Why it matters in South Kona: Many parcels are outside county service. Being on county water can affect convenience, value, and lending.
- What to check:
- Service availability and connection fees.
- Any waitlists or future extension plans.
Private road / Paper road / Right-of-way
- What it means: Paper roads are mapped but not built public roads. Private roads are owned and maintained by owners or associations. Rights-of-way grant access.
- Why it matters in South Kona: Many rural properties rely on private or paper roads. Maintenance and legal access affect permits and financing.
- What to check:
- Recorded legal access and easements.
- Road maintenance responsibility and standards.
Easement
- What it means: A legal right allowing use of part of a property for a specific purpose, such as access or utilities.
- Why it matters in South Kona: Access and utility easements are common and can limit where you build or plant.
- What to check:
- Easement locations on a survey.
- Recorded terms, including width, purpose, and maintenance.
Boundary survey / Monumentation
- What it means: A professional survey identifies exact boundaries, corners, and any encroachments.
- Why it matters in South Kona: Older parcels can have unclear markers. Vegetation, erosion, or historic references may cause boundary questions.
- What to check:
- Existence and date of a recent survey.
- Encroachments, discrepancies, or disputes to resolve before closing.
County zoning and permitted uses
- What it means: Zoning sets allowed uses and development standards, including residential, agricultural, and commercial.
- Why it matters in South Kona: Zoning controls home density, farm uses, and whether certain activities, including short-term rental, are allowed.
- What to check:
- Current zoning designation for the TMK.
- Permitted uses, setbacks, and density limits.
Agricultural use-value assessment
- What it means: Qualifying farm land can be taxed based on agricultural use rather than market value.
- Why it matters in South Kona: This can reduce taxes on working land but requires ongoing qualifying activity. Rules may trigger rollback if use changes.
- What to check:
- Current enrollment status and eligibility.
- Compliance records and potential reversion rules.
Conditional permits / Building permits
- What it means: County approvals for construction, land division, and changes in use. Some projects need studies for soils, water, or access.
- Why it matters in South Kona: Rural conditions can trigger extra requirements. Unpermitted work can complicate financing and resale.
- What to check:
- Complete permit history for existing structures.
- Open violations and inspections for recent work.
Short-term rental / Transient accommodations
- What it means: Renting for short stays, typically under 30 days. Subject to county rules and state tax requirements.
- Why it matters in South Kona: There are rules, registration, and enforcement for short-term rentals. Some neighborhoods restrict transient activity.
- What to check:
- Valid permits or registrations for the use.
- CC&Rs or association rules that limit rentals.
Transient Accommodations Tax (TAT) and GET
- What it means: State taxes on short-term rental income. Operators must register and remit these taxes.
- Why it matters in South Kona: Noncompliance can lead to penalties. Proper tax setup is essential if you plan to rent short term.
- What to check:
- Registration status and filings for TAT and GET.
- Records of tax compliance for properties marketed as rentals.
CC&Rs / Homeowners association
- What it means: Private rules recorded against properties. HOAs enforce use, appearance, and shared maintenance, often with dues.
- Why it matters in South Kona: Some subdivisions limit structures, animals, or rental activity and assess road or common-area dues.
- What to check:
- Recorded CC&Rs and association bylaws.
- Dues, assessments, and enforcement history.
Short sale, owner financing, and alternatives
- What it means: Transaction structures outside a standard mortgage, including short sales and seller financing.
- Why it matters in South Kona: Unique or rural properties sometimes use creative financing. Strong buyer protections and legal review are important.
- What to check:
- Financing terms, default remedies, and disclosures.
- Any lender consent and attorney review as needed.
Quick due diligence checklist
- Water: Confirm county water, well, or catchment. Review cistern capacity, filtration, and water tests.
- Sewage: Identify sewer, septic, or cesspool. Check system condition and any upgrade requirements.
- Access: Verify recorded legal access and road maintenance. Confirm standards for permits and lender acceptance.
- Hazards: Identify lava and flood zones, plus tsunami evacuation status. Discuss insurance and lending impacts.
- Title: Confirm Land Court or Regular System and review all encumbrances. Secure title insurance.
- Permits: Pull permit history. Confirm whether planned work needs SMA, shoreline, or other discretionary approvals.
- Rentals and taxes: Verify short-term rental eligibility, any required registrations, and TAT/GET compliance.
Where to verify details
- Hawaiʻi County Planning Department for zoning, SMA, and permits.
- Hawaiʻi County Department of Water Supply for water service and connections.
- Hawaiʻi County Real Property Tax Office for TMK lookups and assessments, including agricultural programs.
- Hawaiʻi Department of Health for cesspool and septic rules and upgrade guidance.
- State of Hawaiʻi Department of Land and Natural Resources for shoreline certifications and coastal rules.
- Bureau of Conveyances and Land Court for recorded deeds and title records.
- USGS Hawaiian Volcano Observatory for lava hazard context and mapping.
- FEMA and the National Flood Insurance Program for flood zone designations and insurance requirements.
- Hawaiʻi Department of Taxation for TAT and GET obligations.
Looking at property in South Kona and want a steady local advisor at your side? Connect with the team that blends decades of island experience with warm, concierge service. Reach out to Kona Pacific Realty, LLC to talk through your goals and next steps.
FAQs
What is a TMK in Hawaiʻi real estate?
- A TMK is the parcel identification number used on deeds, tax records, permits, and listings, and you can use it to confirm zoning and property data with county offices.
How do lava hazard zones affect South Kona financing?
- Lenders and insurers consider the property’s lava hazard zone, which can influence loan programs, insurance availability, and underwriting requirements, so check early with your lender.
What should I check for water on a rural South Kona home?
- Determine if the property has county water, a well, or rain catchment, then review cistern size, tank condition, pump and filtration systems, and any water test records.
Are short-term rentals allowed for my South Kona property?
- Short-term rental use depends on county rules and any neighborhood CC&Rs, so you must verify eligibility, permits or registrations, and ongoing compliance requirements.
What is the difference between cesspool, septic, and sewer?
- A cesspool is a simple pit, a septic system treats wastewater via a tank and drainfield, and sewer is a municipal system, with each option carrying different maintenance and compliance needs.
