Title 28, Property
25 chapters · 359 sections in this title.
28 V.I.C. § 281 Action to recover possession; parties
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Any person who has a legal estate in real property, and a present right to the possession thereof, may recover such possession, with damages for withholding the same, by an action. Such action shall be commenced against the person in the actual possession of the property at the t…
28 V.I.C. § 282 Substitution of landlord as defendant; conclusiveness of judgment
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(a) A defendant who is in actual possession may, for answer, plead that he is in possession only as tenant of another, naming him and his place of residence. Thereupon the landlord, if he applies therefor, shall be made defendant in place of the tenant, and the action shall proce…
28 V.I.C. § 283 Complaint
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(1) The plaintiff in his complaint shall set forth—(1) a description of the property with such certainty as to enable the possession thereof to be delivered if recovery is had;(2) the nature of plaintiff's estate in the property, whether it is in fee, for life and for whose life,…
28 V.I.C. § 284 Answer
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The defendant shall not be allowed to give in evidence any estate in himself or another in the property, or any license or right to the possession thereof, unless the same is pleaded in his answer. If so pleaded, the nature and duration of such estate, or license, or right to the…
28 V.I.C. § 285 Verdict
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(a) If the verdict is for the plaintiff, the jury by its verdict shall find that he is entitled to the possession of the property described in the complaint, or some part thereof, or some undivided share or interest in either, and the nature and duration of his estate in such pro…
28 V.I.C. § 286 Damages; improvements in case of adverse possession
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The plaintiff shall only be entitled to recover damages for withholding the property for the term of three years next preceding the commencement of the action, and for any period that may elapse from such commencement to the time of giving a verdict therein, exclusive of the use …
28 V.I.C. § 287 Expiration of plaintiff's right of possession before trial
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If the right of the plaintiff to the possession of the property expires after the commencement of the action, and before the trial, the verdict shall be given according to the fact, and judgment shall be given only for the damages.
28 V.I.C. § 288 Order for entry and survey of property
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(a) For cause shown, on motion and after notice to the adverse party, the court may grant an order allowing the party applying therefor to enter upon the property in controversy, and make survey and admeasurement thereof, for the purposes of the action. (b) The order shall descri…
28 V.I.C. § 289 Alienation by person in possession
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An action for the recovery of the possession of real property against a person in possession cannot be prejudiced by any alienation made by such person either before or after the commencement of the action. If such alienation is made after the commencement of the action, and the …
28 V.I.C. § 290 Foreclosure of mortgage
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A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale according to law, and a judgment thereon.
28 V.I.C. § 291 Action by tenant in common
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In an action by a tenant in common of real property against a cotenant, the plaintiff shall show, in addition to the evidence of his right of possession, that the defendant either denied the plaintiff's right or did some act amounting to such denial.
28 V.I.C. § 292 Action by landlord against tenant for nonpayment of rent
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(a) When in case of a lease of real property and the failure of the tenant to pay rent, the landlord has a subsisting right to reenter for such a failure, and may bring action to recover the possession of such property, and such action is equivalent to a demand of the rent and a …
28 V.I.C. § 293 Conclusiveness of judgment; new trial in case of service by publication
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In an action to recover the possession of real property, the judgment therein shall be conclusive as to the estate in such property and the right to the possession thereof, so far as the same is thereby determined, upon the party against whom the same is given and against all per…
28 V.I.C. § 294 Vacation of judgment and new trial after service by publication
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(a) When service of the summons is made by publication and judgment is given for want of answer, upon application to the court at any time within two years from the entry of the judgment, the defendant, or his successors in interest as to the whole or any part of the property, sh…