Title 28, Property

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…

(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…

(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,…

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…

(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…

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 …

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.

(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…

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 …

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.

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.

(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 …

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…

(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…

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…

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 …

(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…

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…

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.

(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…

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.

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…

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 …

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…

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…

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…

This chapter may be cited as the Uniform Environmental Covenants Act of 2006.

(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…

(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…

(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 …

(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…

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…

(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…

(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…

(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…

(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…

(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…

(a) The Department of Planning and Natural Resources shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and t…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 701 et seq. but does not modify, limit or supersede Section 101 of that Act, 15 U.S.C. Section 7001(a) or authorize electronic delivery of any of …

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

(1) Subject to the provisions of this chapter, the right of eminent domain may be exercised in behalf of the following public uses:(1) All public uses authorized by Congress or the Legislature of the Virgin Islands.(2) Public buildings and grounds for the use of the Government of…

(1) The following is a classification of the estates and rights in lands subject to be taken for public use:(1) A fee simple, when taken for public buildings or grounds or for permanent buildings, for reservoirs and dams, and permanent floodings thereby.(2) An easement when taken…

An environmental covenant executed pursuant to title 28 Virgin Islands Code, chapter 18 may not be extinguished, limited or impaired by the exercise of eminent domain.

(1) The private property which may be taken under this chapter includes:(1) All real property belonging to any person.(2) Lands belonging to the Government of the United States Virgin Islands or any governmental division, whether incorporated or unincorporated, not appropriated t…

(1) Before property can be taken it must appear—(1) that the use to which it is to be applied is a use authorized by law;(2) if already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use; and(3) that the taking is nece…

(a) In all cases where land is required for public use the government, or its agents in charge of such use, may survey and locate the same, but it shall be located in the manner which will be most compatible with the greatest public good and the least private injury, and subject …

(a) All actions for condemnation of property under this chapter shall be brought in the district court. (b) Except as provided in this chapter, the procedure in such actions is governed by Rule 71.1 of the Federal Rules of Civil Procedure.

(1) The court has power to—(1) regulate and determine the place and manner of making the connections and crossings and enjoying the common uses mentioned in subdivision (5) of section 413 of this title;(2) determine whether or not the use for which the property is sought to be ap…

(a) If the court is satisfied that the public interests require the taking of the property, it shall make an order appointing a commission of three competent persons resident in the Virgin Islands to determine the issue of just compensation, and fixing their compensation, if—(1) …