Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 251 Definitions
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(a) Whenever used in this chapter, unless the context otherwise requires:(a) “Claimant” means any person having a lien or right to a lien upon real estate under this chapter and includes his successor in interest.(b) “Contract price” means the amount agreed upon by the contractin…
28 V.I.C. § 252 Real estate improvement contract; “prime contractor”; “subcontractor”; “subsubcontractor”
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(a) A “real estate improvement contract” means an agreement to perform services, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including:(1) alteration of the surface by excavation, fill, change in grade, or chan…
28 V.I.C. § 253 Existence of a construction lien
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Except as provided in section 254 of this title, even though the owner has not made an agreement giving a real estate security interest, a prime contractor, subcontractor or subsubcontractor, upon compliance with section 264 of this title has to the extent provided in this chapte…
28 V.I.C. § 254 Exclusion from lien
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(a) All real estate owned by the Government of the Virgin Islands, a governmental agency, or an instrumentality of the Government of the Virgin Islands, and all real estate declared for a public use is exempt from construction liens under this subchapter. (b) A construction lien …
28 V.I.C. § 255 Limitation of lien for materials supplied
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(a) A lien for supplying materials arises only if they are furnished with the intent, evidenced by the contract of sale, the delivery order, or by the claimant's delivery to the site, that they be used in the construction or incorporated in the improvement on the particular real …
28 V.I.C. § 256 Amount of lien; notice of claim of lien
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(a) The amount secured by the lien of a prime contractor is the unpaid part of the prime contract price less the aggregate amount secured by the liens of all subcontractors and subcontractors. (b) Except as modified by subsection (c) and by section 258 of this title, the lien of …
28 V.I.C. § 257 Notice to owner
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A notice given to the owner who made the contract for the improvement is also effective against any other owner against whom the person giving notice can acquire a lien under this chapter.
28 V.I.C. § 258 Attachment and priority of lien
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(a) If the claimant records a notice of lien as provided in section 264 of this title, while a notice of commencement is effective, the claimant's lien attaches as of the time the notice of commencement was recorded as provided in section 262 of this title. (b) If the claimant re…
28 V.I.C. § 259 Contractor's payment bond; no lien attaches
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(a) No lien shall attach to the real estate in behalf of any claimant other than the prime contractor if the owner or the prime contractor, prior to commencing the improvement under the contract between the owner and prime contractor, procures from a surety company authorized to …
28 V.I.C. § 260 Substitution of surety bond; release of lien
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(a) If the owner of property, or the owner of any interest therein, sought to be charged with a claim of lien, or any original contractor or subcontractor disputes the correctness or validity of any claim of lien, he may record in the office of the recorder in which the notice of…
28 V.I.C. § 261 Place of recording; what constitutes recording; recording fee
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(a) All documents authorized or required to be recorded by this chapter shall be recorded as provided for by law, in the office of the recorder in the district in which the real estate improvement is to be undertaken. (b) In addition to the other requirements imposed on him by la…
28 V.I.C. § 262 Recording notice of commencement; notice of termination
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(a) A notice of commencement of real estate improvements signed by the owner may be recorded. (b) The notice of commencement shall be denominated “notice of commencement” and shall state:(1) the real estate being improved, with a description thereof sufficient for identification;…
28 V.I.C. § 263 Wrongful recording of notice of termination
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(a) An owner has an obligation to lien claimants not to record a notice of termination except after stoppage or completion of the work on the improvement or in connection with sale of a completed portion of the real estate being improved. (b) If an owner improperly records a noti…
28 V.I.C. § 264 Recording notice of lien; recording cancellation of lien
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(a) A claimant's lien does not attach and shall not be enforced unless he has, not later than 90 days after his final furnishing of materials or services, recorded a notice of lien. (b) A notice of lien recorded prior to the time a claimant is entitled to final payment is effecti…
28 V.I.C. § 265 Amendment of notice of lien; notice of extension of credit
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(a) Any notice of lien may be amended or credit extended as provided in section 271 of this title by an additional recording at any time during the 90-day period following recording of the notice of lien. An amendment which increases the amount of the claimed lien, or describes d…
28 V.I.C. § 266 Filing assignment of lien
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(a) A claimant may assign or record his right under a notice of lien by recording a written statement of assignment signed by him which sets forth the name of the claimant of record, the name and address of the assignee, the person against whom a lien is claimed, the real estate …
28 V.I.C. § 267 Filing notice of payment bond
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(a) If a prime contractor or owner has secured a payment bond under section 259 of this title a notice of surety bond shall be recorded. (b) The notice shall be signed by the contractor or owner and by the surety company and shall state:(1) the real estate being improved with a d…
28 V.I.C. § 268 Recording notice of a surety bond for release of lien
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(a) The notice of a surety bond recorded as provided in section 260 of this title shall state:(1) the real estate being improved with a description thereof sufficient for identification;(2) the name and address of the person in whose behalf the bond was procured;(3) the amount of…
28 V.I.C. § 269 Recording notice of commencement of action
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(a) A claimant, after instituting action to enforce a lien, shall record a notice of the commencement of action in the office in which the notice of lien was recorded. The notice shall be signed by the claimant or his attorney and shall refer to the notice of lien under which it …
28 V.I.C. § 270 Discharge of lien
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(a) A lien provided by this chapter shall be discharged of record by any of the following methods:(1) a signed statement of the claimant of record, recorded in the office where the notice of lien is recorded, stating that the lien is satisfied and may be cancelled of record; or(2…
28 V.I.C. § 271 Duration of lien, extension if credit given; maximum time after completion
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(a) No notice of lien provided for in this chapter binds any property for a period of time longer than 90 days after the recording of the notice of lien unless within that time an action to foreclose the lien is commenced in a proper court or unless within that time the claimant …
28 V.I.C. § 272 Suit to enforce lien
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(a) If the action to foreclose the lien is not brought to trial within two years after the commencement thereof, the court may in its discretion dismiss the same for want of prosecution. (b) In all cases the dismissal of an action to foreclose the lien (unless it is expressly sta…
28 V.I.C. § 273 Personal actions; credit for money collected
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Notwithstanding section 531 of this title, nothing contained in this title shall be construed to impair or affect the right of any claimant to maintain a personal action to recover his debt against the person liable therefor either in a separate action or in the action to foreclo…
28 V.I.C. § 274 Defense by contractor at own expense; withholding and deducting funds due contractor; recovery of judgment and costs by owner
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In all cases where a claim of lien is recorded for labor, services, equipment, or materials furnished to any contractor, he shall defend any action brought thereon at his own expense, and during the pendency of such action the owner may withhold from the original contractor the a…
28 V.I.C. § 275 Wrongful conduct under this chapter; remedies
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(a) If the owner or any claimant shall, in bad faith deprive or attempt to deprive any owner, claimant or other person of benefits to which he is entitled under this chapter by giving or recording false affidavits, invoices, statements, or in any other manner,(1) any person injur…
28 V.I.C. § 276 Form of documents
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The Office of the Lieutenant Governor shall prescribe the form of all documents which this chapter requires or permits to be recorded.