Title 28 — Property
25 chapters · 384 sections in this title.
28 V.I.C. § 264 Recording notice of lien; recording cancellation of lien
4.5K chars
(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
1.4K chars
(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
1.0K chars
(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
1.0K chars
(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
1.3K chars
(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
0.8K chars
(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
1.5K chars
(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
2.2K chars
(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
1.1K chars
(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
0.6K chars
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
1.0K chars
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
1.6K chars
(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
0.1K chars
The Office of the Lieutenant Governor shall prescribe the form of all documents which this chapter requires or permits to be recorded.
28 V.I.C. § 281 Action to recover possession; parties
0.4K chars
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
1.0K chars
(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
1.0K chars
(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
0.5K chars
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
1.0K chars
(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
0.6K chars
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
0.2K chars
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
0.5K chars
(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
0.4K chars
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
0.2K chars
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
0.3K chars
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
1.0K chars
(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
0.4K chars
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
0.8K chars
(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…
28 V.I.C. § 331 Private nuisance; damages; warrant to abate; injunction
0.7K chars
Any person whose property is affected by a private nuisance, or whose personal enjoyment thereof is in like manner thereby affected, may maintain an action for damages therefor. If judgment is given for the plaintiff in such action, he may, in addition to the execution to enforce…
28 V.I.C. § 332 Issuance of warrant to abate nuisance; expenses
0.5K chars
If the order authorized by section 331 of this title is made, the clerk shall, at any time within sixty days, when requested by the plaintiff, issue such warrant directed to the marshal requiring him forthwith to abate the nuisance at the expense of the defendant, and return the …
28 V.I.C. § 333 Stay of issuance of warrant; abatement by defendant
1.1K chars
(a) At any time before the order authorized by section 331 of this title is made, or the warrant issues, the defendant may, on motion, have an order to stay the issue of such warrant for such period as may be necessary, not exceeding sixty days and to allow the defendant to abate…
28 V.I.C. § 334 Action for waste; treble damages, forfeiture, and eviction
0.7K chars
If a guardian or a tenant in severalty or in common for life or for years, of real property, commits waste thereon, any person injured thereby may maintain an action for damages therefor against such guardian or tenant. In such action there may be judgment for treble damages, for…
28 V.I.C. § 335 Action by remainderman or reversioner for injury to inheritance
0.2K chars
A person seized of an estate in remainder or reversion may maintain a civil action for any injury done to the inheritance, notwithstanding any intervening estate for a life or years.
28 V.I.C. § 336 Trespass by injury to trees, timber or shrubs; treble damages
1.1K chars
(a) Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, timber, or shrub on the land of another person, or on the street or highway in front of any person's house, village, town, or city lot, or cultivated grounds, or on the commons or public g…
28 V.I.C. § 371 Action to determine adverse claim
0.3K chars
Any person in possession, by himself or his tenant, of real property, may maintain an action of an equitable nature against another who claims an estate or interest therein adverse to him, for the purpose of determining such claim, estate, or interest.
28 V.I.C. § 372 Action to determine boundaries
0.6K chars
In any case where any dispute or controversy exists, or may hereafter arise, between two or more owners of adjacent or contiguous lands in the Virgin Islands, concerning the boundary lines thereof, or the location of the lines dividing such lands, either party or any party to suc…
28 V.I.C. § 373 Pleading
0.6K chars
The complaint in an action to determine boundaries shall be sufficient if it appears therefrom that the plaintiff and defendant or defendants are owners of adjacent lands and that there is a controversy or dispute between the parties concerning their boundary or dividing line or …
28 V.I.C. § 374 Procedure; commissioners
0.6K chars
The procedure in an action to determine boundaries shall be analogous to that of other actions of an equitable nature; except that at the time of entering the judgment fixing the true location of the disputed boundary or dividing line the court shall appoint three disinterested c…
28 V.I.C. § 375 Commissioners' oath and report
0.4K chars
Before entering upon the discharge of their duties the commissioners shall make and file their oath, in writing, to faithfully and impartially perform their duties as such commissioners. After designating the line by proper marks and monuments, they shall file in the court a repo…
28 V.I.C. § 376 Proceedings upon commissioners' report
0.6K chars
The report of the commissioners may be confirmed by the court, upon written motion of either party to such action, whenever it appears to the court that the motion was served upon the adverse party two days before the presentation thereof, and that no exceptions have been filed t…
28 V.I.C. § 381 Short title
0.1K chars
This chapter may be cited as the Uniform Environmental Covenants Act of 2006.
28 V.I.C. § 382 Definitions
4.8K chars
(1) In this chapter:(1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property.(2) “Agency” means the Department of Planning and Natural Resources or any other state or federal agency that determines or approves t…
28 V.I.C. § 383 Nature of rights; subordination of interests
2.9K chars
(a) Any person may be a holder, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government. An environmental covenant may identify multiple holders. The interest of a holder is an interest in real property. (b) T…
28 V.I.C. § 384 Contents of environmental covenant
3.5K chars
(a) An environmental covenant must:(1) state that the instrument is an environmental covenant executed pursuant to title 28 Virgin Islands Code, chapter 18;(2) contain a legally sufficient description of the real property subject to the covenant;(3) describe the activity and use …
28 V.I.C. § 385 Validity; effect on other instruments
2.2K chars
(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if:(1) it is not appurtenant to an interest in real property;(2) it can be or has been assigned to a person ot…
28 V.I.C. § 386 Relationship to other land-use law
0.3K chars
This chapter does not authorize a use of real property that is otherwise prohibited by zoning or by other law regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of…
28 V.I.C. § 387 Notice
1.0K chars
(a) A copy of a signed environmental covenant must be provided to:(1) all persons who signed the covenant;(2) all persons holding a recorded interest in the real property subject to the covenant;(3) all persons in possession of the real property subject to the covenant;(4) each m…
28 V.I.C. § 388 Recording
0.6K chars
(a) Any environmental covenant and any amendment or termination of the covenant must be recorded in every district in which any portion of the real property subject to the covenant is located. For purposes of recording, a holder shall be treated as a grantee. (b) Except as otherw…
28 V.I.C. § 389 Duration; amendment by court action
1.6K chars
(a) An environmental covenant is perpetual unless:(1) by its terms limited to a specific duration or terminated by the occurrence of a specific event;(2) terminated by consent pursuant to section 390;(3) terminated pursuant to subsection (b); or(4) terminated by foreclosure of an…
28 V.I.C. § 390 Amendment or termination by consent
2.0K chars
(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(1) the agency;(2) the current owner of the fee simple of the real property subject to the covenant, unless waived by the agency;(3) each person that originally…
28 V.I.C. § 391 Enforcement of environmental covenant
1.4K chars
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:(1) a party to the covenant;(2) the agency or, if it is not the agency, the Department of Planning and Natural Resources;(3) any other person to whom the co…