Title 28, Property
25 chapters · 359 sections in this title.
28 V.I.C. § 152 Definitions
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(1) In this chapter:(1) “Document” means information that is:(A) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and(B) eligible to be recorded in the land records maintained by the Recorder of Deeds.(2) “E…
28 V.I.C. § 153 Validity of electronic documents
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(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter. (b) If a law requires, as a condition for recording, that…
28 V.I.C. § 154 Recording of documents
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(a) In this section, “paper document means a document that is received by the Recorder in a form that is not electronic. (b) A Recorder:(1) who implements any of the functions listed in this section shall do so in compliance with standards established by the Lieutenant Governor(2…
28 V.I.C. § 155 Administration and standards
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(a) The Lieutenant Governor shall adopt standards to implement this chapter. (b) To keep the standards and practices of Recorder in the Virgin Islands in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this chapter and…
28 V.I.C. § 156 Uniformity of application and construction
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In applying and construing this chapter, 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. § 157 Relation to Electronic Signatures in Global and National Commerce Act
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This chapter modifies, limits, and supersedes the federal Electronic Signatures in 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 o…
28 V.I.C. § 171 Definitions
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(1) As used in this chapter:(1) “Affiliate” means a person who directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than a person who holds the securities;(i) as a fiduciary or agent witho…
28 V.I.C. § 172 Insolvency
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(a) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets, at a fair valuation. (b) A debtor who is generally not paying debts as they become due is presumed to be insolvent. (c) A partnership is insolvent under subsection (a) if the su…
28 V.I.C. § 173 Value
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(a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's…
28 V.I.C. § 174 Transfers fraudulent as to present and future creditors
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(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:(1) with actual intent to hin…
28 V.I.C. § 175 Transfers fraudulent as to present creditors
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(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchan…
28 V.I.C. § 176 When transfer is made or obligation is incurred
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(1) For the purposes of this chapter:(1) a transfer is made:(A) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-f…
28 V.I.C. § 177 Remedies of creditors
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(a) In an action for relief against a transfer or obligation under this chapter a creditor, subject to the limitations in section 178, may obtain:(1) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;(2) an attachment or other provisi…
28 V.I.C. § 178 Defenses, liability, and protection of transferee
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(a) A transfer or obligation is not voidable under section 174(a)(1) against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee. (b) Except as otherwise provided in this section, to the extent a transfer is voidab…
28 V.I.C. § 179 Extinguishment cause of action
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(a) A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:(a) under section 174(a)(1), within four years after the transfer was made or the obligation was incurred or, if later, within one year after the …
28 V.I.C. § 180 Supplementary provisions
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Unless displaced by this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppels, laces, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its…
28 V.I.C. § 181 Uniformity of application and construction
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This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
28 V.I.C. § 182 Short title
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This chapter may be cited as “The Virgin Islands Uniform Fraudulent Conveyances Act”.
28 V.I.C. § 241 Creation or transfer of interest in real property
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(a) Except for a lease for a term not exceeding one year, no estate or interest in real property, and no trust or power over or concerning real property, or in any manner relating thereto, can be created, granted, assigned, transferred, surrendered, or declared, otherwise than—(1…
28 V.I.C. § 242 Contracts for lease or sale of lands
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Every contract for the leasing for a longer period than one year from the making thereof, or for the sale of any lands, or any interest in lands, shall be void unless the contract or some note or memorandum is in writing, and signed by the party to be charged, or by his lawful ag…
28 V.I.C. § 243 Grant or assignment of trust in real or personal property
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Every grant or assignment of any existing trust in lands, goods, or things in action, shall be void unless the same is in writing, subscribed by the party making the same, or by his lawful agent under written authority.
28 V.I.C. § 244 Agreements required to be in writing
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(1) In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof is in writing, and subscribed by the party to be charged therewith, or by his lawful agent under written authority:(1) An agreement that by its terms is not to be pe…
28 V.I.C. § 245 Representation as to credit, skill, or character
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No evidence is admissible to charge a person upon a representation as to the credit, skill, or character of a third person unless such representation or some memorandum thereof is in writing, and either subscribed by or in the handwriting of the party to be charged; or his lawful…
28 V.I.C. § 246 Specific performance
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Nothing in this chapter shall be construed to abridge the powers of a court to compel specific performance.
28 V.I.C. § 251 Definitions
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(a) Whenever used in this chapter, unless the context otherwise requires:(a) “Claimant” means any person having a lien or right to a lien upon real estate under this chapter and includes his successor in interest.(b) “Contract price” means the amount agreed upon by the contractin…
28 V.I.C. § 252 Real estate improvement contract; “prime contractor”; “subcontractor”; “subsubcontractor”
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(a) A “real estate improvement contract” means an agreement to perform services, or to furnish materials for the purpose of producing a change in the physical condition of land or of a structure including:(1) alteration of the surface by excavation, fill, change in grade, or chan…
28 V.I.C. § 253 Existence of a construction lien
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Except as provided in section 254 of this title, even though the owner has not made an agreement giving a real estate security interest, a prime contractor, subcontractor or subsubcontractor, upon compliance with section 264 of this title has to the extent provided in this chapte…
28 V.I.C. § 254 Exclusion from lien
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(a) All real estate owned by the Government of the Virgin Islands, a governmental agency, or an instrumentality of the Government of the Virgin Islands, and all real estate declared for a public use is exempt from construction liens under this subchapter. (b) A construction lien …
28 V.I.C. § 255 Limitation of lien for materials supplied
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(a) A lien for supplying materials arises only if they are furnished with the intent, evidenced by the contract of sale, the delivery order, or by the claimant's delivery to the site, that they be used in the construction or incorporated in the improvement on the particular real …
28 V.I.C. § 256 Amount of lien; notice of claim of lien
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(a) The amount secured by the lien of a prime contractor is the unpaid part of the prime contract price less the aggregate amount secured by the liens of all subcontractors and subcontractors. (b) Except as modified by subsection (c) and by section 258 of this title, the lien of …
28 V.I.C. § 257 Notice to owner
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A notice given to the owner who made the contract for the improvement is also effective against any other owner against whom the person giving notice can acquire a lien under this chapter.
28 V.I.C. § 258 Attachment and priority of lien
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(a) If the claimant records a notice of lien as provided in section 264 of this title, while a notice of commencement is effective, the claimant's lien attaches as of the time the notice of commencement was recorded as provided in section 262 of this title. (b) If the claimant re…
28 V.I.C. § 259 Contractor's payment bond; no lien attaches
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(a) No lien shall attach to the real estate in behalf of any claimant other than the prime contractor if the owner or the prime contractor, prior to commencing the improvement under the contract between the owner and prime contractor, procures from a surety company authorized to …
28 V.I.C. § 260 Substitution of surety bond; release of lien
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(a) If the owner of property, or the owner of any interest therein, sought to be charged with a claim of lien, or any original contractor or subcontractor disputes the correctness or validity of any claim of lien, he may record in the office of the recorder in which the notice of…
28 V.I.C. § 261 Place of recording; what constitutes recording; recording fee
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(a) All documents authorized or required to be recorded by this chapter shall be recorded as provided for by law, in the office of the recorder in the district in which the real estate improvement is to be undertaken. (b) In addition to the other requirements imposed on him by la…
28 V.I.C. § 262 Recording notice of commencement; notice of termination
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(a) A notice of commencement of real estate improvements signed by the owner may be recorded. (b) The notice of commencement shall be denominated “notice of commencement” and shall state:(1) the real estate being improved, with a description thereof sufficient for identification;…
28 V.I.C. § 263 Wrongful recording of notice of termination
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(a) An owner has an obligation to lien claimants not to record a notice of termination except after stoppage or completion of the work on the improvement or in connection with sale of a completed portion of the real estate being improved. (b) If an owner improperly records a noti…
28 V.I.C. § 264 Recording notice of lien; recording cancellation of lien
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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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
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(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
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The Office of the Lieutenant Governor shall prescribe the form of all documents which this chapter requires or permits to be recorded.