Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 451 Right to maintain action for partition
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When several persons hold and are in possession of real property as tenants in common, in which one or more of them have an estate of inheritance, or for life or years, or when several persons hold as tenants in common a vested remainder or reversion in any real property, any one…
28 V.I.C. § 452 Allegations of complaint; interests of parties
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The interest of all persons in the property, whether such persons are known or unknown, shall be set forth in the complaint, specifically and particularly, as far as known to the plaintiff. If one or more of the parties, or the share or quantity of interest of any of the parties,…
28 V.I.C. § 453 Lien creditors as parties; effects of partition on lien
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The plaintiff shall make creditors having liens upon the property or any portion thereof, defendants in the action. When the lien is upon an undivided interest or estate of any of the parties, if a partition is made, such lien is thenceforth a lien only upon the share assigned to…
28 V.I.C. § 454 Form of summons
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The summons shall be directed by name to all the tenants in common who are known, and in the same manner to all lien creditors who are made parties to the action, and generally to all persons unknown, having or claiming an interest or estate in the property.
28 V.I.C. § 455 Service of summons by publication
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If a party having a share or interest in or lien upon the property is unknown, or any of the known parties resides out of the Virgin Islands or cannot be found therein, and such fact is made to appear by affidavit, the summons may be served upon such absent or unknown party by pu…
28 V.I.C. § 456 Answer
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The defendant shall set forth in his answer the nature and extent of his interest in the property, and if he is a lien creditor, how such lien was created, the amount of the debt secured thereby, and remaining due, and whether such debt is secured in any other way, and if so, the…
28 V.I.C. § 457 Determination of rights and title
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The rights of the several parties, plaintiffs as well as defendants, may be put in issue, tried, and determined in a partition action. Where a defendant fails to answer, or where a sale of the property is necessary, the title shall be ascertained by proof to the satisfaction of t…
28 V.I.C. § 458 Order of sale or partition; appointment of referees
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If it is alleged in the complaint and established by evidence, or if it appears by the evidence, without such allegation in the complaint, to the satisfaction of the court, that the property, or any part of it, is so situated that partition cannot be made without great prejudice …
28 V.I.C. § 459 Proceedings and report by referees
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In making the partition the referees shall divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, designating the several porti…
28 V.I.C. § 460 Court action on report; conclusiveness of judgment
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(1) The court may confirm or set aside the report in whole or in part and if necessary appoint new referees. Upon the report being confirmed, a judgment shall be given that such partition be effectual forever, which judgment shall be binding and conclusive—(1) on all parties name…
28 V.I.C. § 461 Persons not concluded by judgment
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A judgment and partition under section 460 of this title shall not affect any tenants for years or for life of the whole of the property which is the subject of partition; nor shall such judgment or partition preclude any person, except such as are specified in section 460 of thi…
28 V.I.C. § 462 Referees' expenses and fees
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The expenses of the referees, including those of a surveyor and his assistants, when employed, shall be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by law to the referees, shall be paid by the plaintiff, and may be allowed as part …
28 V.I.C. § 463 Order of sale upon referees' report
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If the referees' report to the court that the property of which partition has been adjudged, or any separate portion thereof, is so situated that a partition thereof cannot be made without great prejudice to the owners and the court is satisfied that such report is correct, it ma…
28 V.I.C. § 464 Partial sale; setting off estate for life or years
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When a part of the property only is ordered to be sold, if there is an estate for life or years in an undivided share of the property, the whole of such estate may be set off in any part of the property not ordered to be sold.
28 V.I.C. § 465 Certificate showing liens; ascertainment by referee
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If an order of sale is made, and before a distribution of the proceeds thereof, the plaintiffs shall produce to the court a certificate showing the liens remaining unsatisfied, if any, by judgment upon the property, or any portion thereof, and unless he does so the court shall or…
28 V.I.C. § 466 Referee to ascertain amount of liens and priorities
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If it appears by a certificate, or reference in case the certificate is not produced under section 465 of this title, that any such liens exist, the court shall appoint a referee to ascertain what amount remains due thereon or secured thereby, respectively, and the order of prior…
28 V.I.C. § 467 Notice to lien creditors
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The plaintiff shall cause a notice to be served, at least ten days before the time for appearance, on each person having such lien by judgment to appear before the referee at a specified time and place to make proof by his own affidavit or otherwise of the true amount due, or to …
28 V.I.C. § 468 Proceedings and report of referee
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The referee shall receive the evidence and report the names of the creditors whose liens are established, the amounts thereon or secured thereby, and their priority, respectively, and whether contingent or absolute. He shall attach to his report the proof of service of the notice…
28 V.I.C. § 469 Exceptions to referee's report; notice to absent creditor
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The report of the referee may be excepted to by either party to the action or to the proceedings before the referee, in like manner and with like effect as in ordinary cases. If a lien creditor is absent from the Virgin Islands, or his residence therein is unknown, and that fact …
28 V.I.C. § 470 Confirmation of report; conclusiveness
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If the report of the referee is confirmed, the order of confirmation is binding and conclusive upon all parties to the action and upon the lien creditors who have been duly served with the notice to appear before the referee as provided in section 467 of this title.
28 V.I.C. § 471 Distribution of proceeds of sale
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(1) The proceeds of the sale of the encumbered property shall be distributed by the judgment of the court as follows—(1) to pay its just proportion of the general cost of the action;(2) to pay the costs of the reference;(3) to satisfy the several liens, in their order of priority…
28 V.I.C. § 472 Exhausting other securities to pay lien
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Whenever any party to the action or who holds a lien upon the property or any part thereof has other securities for the payment of the amount of such lien, the court may, in its discretion, order such securities to be exhausted before a distribution of the proceeds of sale, or ma…
28 V.I.C. § 473 Effect of proceedings to determine liens or rights of parties
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The proceedings to ascertain the amount of the liens and to determine their priority, as above provided, or those hereinafter authorized to determine the rights of parties to funds paid into court, shall not delay the sale nor affect any other party whose rights are not involved …
28 V.I.C. § 474 Distribution of proceeds or payment into court
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The proceeds of sale and the securities taken by the referees, or any part thereof, shall be distributed by them to the persons entitled thereto whenever the court so directs. If no such direction be given all such proceeds and securities shall be paid into court or deposited as …
28 V.I.C. § 475 Continuing action to determine rights to proceeds of sales
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When the proceeds of sales of any shares or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties for the determination of their respective claims thereto, which shall be ascertained …
28 V.I.C. § 476 Procedure for sale; notice
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All sales of real property made by the referee shall be made by public auction to the highest bidder, in the manner required for the sale of real property on execution. The notice shall state the time, place, and terms of sale, and if the property or any part of it is to be sold …
28 V.I.C. § 477 Order of sale; credit terms
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The court shall, in the order of sale, direct the terms of credit which may be allowed for the purchase money of any portion of the premises of which it may direct a sale on credit; and for that portion of which the purchase money is required by the provisions hereinafter contain…
28 V.I.C. § 478 Acceptance of mortgages and other securities on sale
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The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money of such parts of the property as are directed by the court to be sold on credit, in the name of the clerk of the court, and his successors in office; and for t…
28 V.I.C. § 479 Disposal of estate for life or years
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When the estate of any tenant for life or years, in any undivided part of the property in question, has been admitted by the parties, or ascertained by the court to be existing at the time of the order of sale, and the person entitled to such estate has been made a party to the a…
28 V.I.C. § 480 Compensation for sale of estate for life or years
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Any person entitled to an estate for life or years in any undivided part of the property, whose estate has been sold, shall be entitled to receive such sum in gross as may be deemed upon principles of law applicable to annuities a reasonable satisfaction for such estate, and whic…
28 V.I.C. § 481 Determination of value of estate for life or years; investment
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If a consent is not given, as provided in section 480 of this title, before the report of sale, the court shall ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be invested for the benefit of the p…
28 V.I.C. § 482 Determination of amount of investment
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(1) The proportion of the proceeds of the sale to be invested as provided in section 481 of this title shall be ascertained and determined in the several cases as follows:(1) If an estate in dower is included in the order of sale, its proportion shall be one-third of the proceeds…
28 V.I.C. § 483 Unknown owners of estate for life or years
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If the persons entitled to an estate for life or years are unknown, the court shall provide for the protection of their rights in the same manner, as far as may be, as if they were known and had appeared.
28 V.I.C. § 484 Provision for vested or contingent future right or estate
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In all cases of sales in partition, when it appears that any person has a vested or contingent future right or estate in any of the property sold, the court shall ascertain and settle the proportional value of such contingent or vested right or estate according to the principles …
28 V.I.C. § 485 Notice of terms of sale; separate sale
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In all cases of sales of property, the terms shall be made known at the time. If the premises consist of distinct farms or lots, they shall be sold separately, or otherwise if the court so directs.
28 V.I.C. § 486 Interest in purchase by referees or guardians
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Neither the referees, nor any person for the benefit of any of them, shall be interested in any purchase. No guardian of an infant party shall be interested in the purchase of any real property, being the subject of the action, except for the benefit of the infant. All sales cont…
28 V.I.C. § 487 Referees' report of sale
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After completing the sale, the referees shall report the same to the court, with a description of the different parcels of lands sold to each purchaser, the name of the purchaser, the price paid or secured, the terms and conditions of the sale, and the securities, if any, taken. …
28 V.I.C. § 488 Exceptions to report of sale; confirmation of sale; conveyances
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The report of sale may be excepted to by any party entitled to a share of the proceeds, in like manner and with like effect as in ordinary cases. If the sale is confirmed, the order of confirmation shall direct the referees to execute conveyances and take securities pursuant to s…
28 V.I.C. § 489 Purchase by party or encumbrancer
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When a party entitled to a share of the property or an encumbrancer entitled to have his lien paid out of the sale becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.
28 V.I.C. § 490 Investment of proceeds of sale
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When there are proceeds of sale belonging to an unknown owner, or to a person without the Virgin Islands who has no legal representatives within it, or when there are proceeds arising from the sale of an estate subject to the prior estate of a tenant for life or years, which are …
28 V.I.C. § 491 Taking securities or making investments in name of clerk
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When the security for the proceeds of sale is taken, or when an investment of any such proceeds is made, it shall be done, except as herein otherwise provided, in the name of the clerk of the court and his successors in office who shall hold the same for the use and benefit of th…
28 V.I.C. § 492 Taking securities in name of parties; agreement, delivery and receipt
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When security is taken by the referees on a sale, and the parties interested in such security, by an instrument in writing under their hands delivered to the referee, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions hav…
28 V.I.C. § 493 Duties of clerk as to securities and investments
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The clerk in whose name a security is taken or by whom an investment is made, and his successors in office, shall receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and shall file in his office all securities taken and kee…
28 V.I.C. § 494 Compensation for unequal partition
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When it appears that the partition cannot be made equal between the parties, according to their respective rights, without prejudice to the rights and interests of some of them, the court may adjudge compensation to be made by one party to another on account of inequality of part…
28 V.I.C. § 495 Payments to guardian of infant
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When the share of an infant is sold the proceeds of the sale may be paid by the referees making the sale to his general guardian, or the special guardian appointed for him in the action, upon such guardian giving the security required by law or directed by order of the court.
28 V.I.C. § 496 Payments to guardian of incompetent person
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The guardian who may be entitled to the custody and management of the estate of an insane person, or other person adjudged incapable of conducting his own affairs, whose interest in real property has been sold, may receive in behalf of such person his share of the proceeds of suc…
28 V.I.C. § 497 Costs of partition
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The costs of partition, including fees of referees and other disbursements, shall be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case there…
28 V.I.C. § 511 Short title
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This subchapter may be cited as The Uniform Partition of Heirs Property Act.
28 V.I.C. § 512 Definitions
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(1) In this subchapter:(1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.(2) “Collateral” means an individual who is related to another individual under the law of intestate succession of the Vir…
28 V.I.C. § 513 Applicability; relation to other law
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(a) This subchapter applies to partition actions filed on or after the effective date of this subchapter. (b) In an action to partition real property under subchapter I, the court shall determine whether the property is heirs property. If the court determines that the property is…