Title 28 — Property
25 chapters · 384 sections in this title.
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…
28 V.I.C. § 514 Service; notice by posting
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(a) This subchapter does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plai…
28 V.I.C. § 515 Referees
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If the court appoints referees pursuant to section 458, each referee, in addition to the requirements and disqualifications applicable to referees in general, must be disinterested and impartial and not a party to or a participant in the action.
28 V.I.C. § 516 Determination of value
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(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).…
28 V.I.C. § 517 Cotenant buyout
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(a) If any cotenant requested partition by sale, after the determination of value under section 516, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition…
28 V.I.C. § 518 Partition alternatives
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(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 517, or if after conclusion of the buyout under section 517, a cotenant remains that has requested partition in kind, the court shall order partitio…
28 V.I.C. § 519 Consideration for partition in kind
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(a) In determining under section 518(a) whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following:(1) whether the heirs property practicably can be divided among the cotenants;(2) whether partition in kind would …
28 V.I.C. § 520 Open-market sale, sealed bids, or auction
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(a) Notwithstanding section 476 of this title, if the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a…
28 V.I.C. § 521 Report of open-market sale
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(a) Unless required to do so within a shorter time by subchapter I, a broker appointed under section 520(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the…
28 V.I.C. § 522 Uniformity of application and construction
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In applying and construing this subchapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
28 V.I.C. § 523 Relation to Electronic Signature in Global and National Commerce Act
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This subchapter modifies, limits, and supersedes the Electronic Signatures Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of …
28 V.I.C. § 531 Foreclosure of liens, including mortgages; recovery of debt
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(a) A lien upon real property, other than that of a judgment, whether created by mortgage or otherwise, shall be foreclosed, and the property adjudged to be sold to satisfy the debt secured thereby, by an action of an equitable nature. In such action, in addition to the judgment …
28 V.I.C. § 531A Ancient Mortgages
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(a) If the lien of a mortgage, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired, the lien expires at, and is not enforceable by an action for foreclosure commenced, power of sale exercised, or…
28 V.I.C. § 532 Other lien holders as defendants
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Any person having a lien subsequent to the plaintiff upon the same property or any part thereof, or who has given a promissory note or other personal obligation for the payment of the debt or any part thereof, secured by the mortgage or other lien which is the subject of the acti…
28 V.I.C. § 533 Judgment where a defendant has lien; priority of liens
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When it is adjudged that any of the defendants have a lien upon the property, the court shall make a like judgment in relation thereto and the debt secured thereby as if such defendant were a plaintiff in the action. When a judgment is given foreclosing two or more liens upon the…
28 V.I.C. § 534 Enforcement of judgment of foreclosure
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(a) The judgment may be enforced by execution as an ordinary judgment for the recovery of money, except as in this section otherwise or specially provided. (b) When a judgment of foreclosure and sale is given, an execution may issue thereon against the property adjudged to be sol…
28 V.I.C. § 535 Right to redeem
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A judgment of foreclosure shall not have the effect of barring the equity of redemption, and real property sold on execution issued upon such judgment may be redeemed, in like manner and with like effect, as real property sold on an execution issued on a judgment may be redeemed …
28 V.I.C. § 536 Foreclosure during action to recover debt
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During the pendency of an action for the recovery of a debt secured by any lien mentioned in section 531 of this title, an action cannot be maintained for the foreclosure of such lien, nor thereafter, unless judgment is given in such action that the plaintiff recover such debt or…
28 V.I.C. § 537 Debt payable in installments
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When an action is commenced to foreclose a lien by which a debt is secured, which debt is payable in installments, either of interest or principal, and any of such installments is not then due, the court shall adjudge a foreclosure of the lien, and may also adjudge a sale of the …
28 V.I.C. § 538 Payment before judgment or sale; installments not due; liens on personal property
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If, before a judgment is given, the amount then due, with the costs of action, is brought into court, and paid to the clerk, the action shall be dismissed, and if the same is done after judgment and before sale, the effect of the judgment as to the amount then due and paid shall …
28 V.I.C. § 581 Lien for labor or materials
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Any person who makes, alters, repairs, or bestows labor on any article of personal property at the request of the owner or lawful possessor thereof shall have a lien upon such property so made, altered, or repaired or upon which labor has been bestowed, for his just and reasonabl…
28 V.I.C. § 582 Lien for transportation or storage of personal property or care of livestock
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(1) Any person who—(1) is a common carrier, or, at the request of the owner or lawful possessor of any personal property, carries, conveys, or transports the same from one place to another; or(2) safely keeps or stores any grain, wares, merchandise, or personal property at the re…
28 V.I.C. § 583 Time for payment of charges
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If the just and reasonable charges under sections 581 and 582 of this title are not paid within three months after the care, attention, and labor have been performed or bestowed, or the materials or food have been furnished, the person having such lien may proceed as provided in …
28 V.I.C. § 584 Special agreement of parties
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The provisions of sections 581–583 of this title shall not interfere with any special agreement of the parties.
28 V.I.C. § 585 Priority of liens
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The liens provided for in this chapter are preferred liens and are prior to any and all other liens.
28 V.I.C. § 586 Duration of lien
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(a) The person rendering the service or doing the work or labor named in sections 581 and 582 of this title is only entitled to the liens as provided herein for services, work, or labor for the period of six months, or any part thereof next preceding the filing of the claims as p…
28 V.I.C. § 587 Filing of claim for lien
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(1) Within 30 days after the rendition of the services, or after performing the work or labor, mentioned in sections 581 and 582 of this title, every person who claims the benefit of this chapter shall file for record in the recorder's office of the judicial division where the pr…