Title 28, Property

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…

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…

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…

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 …

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…

(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…

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…

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 …

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…

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.

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…

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…

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 …

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…

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 …

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.

(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…

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…

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 …

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 …

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 …

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 …

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…

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…

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…

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…

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…

(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…

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.

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 …

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.

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…

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. …

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…

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.

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 …

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…

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…

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…

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…

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.

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…

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…

This subchapter may be cited as The Uniform Partition of Heirs Property Act.

(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…

(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…