Recorder of Deeds
Overview The duties of the District Recorder f Deeds are described in Title
33, Chapter 7 Section 121, Section 126 through Section 129 of the Virgin
Requirements for the recording
of a deed are the original deed, duly signed, acknowledged and witnessed,
attestation at the Cadastral Section of the Tax Assessor's Office, Tax
Certification - Department of Finance, Stamp taxes (2% of value or consideration)
and Recording Fees. Documents transmitted to the Recorder of Deeds with
proper recording fees are date-stamped when received and kept for processing.
Upon completion, documents are returned to customers by mail or held for
pick up. The complete process takes approximately one (1) week.
Documents drawn up or executed
in the Virgin Islands shall be stamped within thirty (30) days from the
date of the document (Title 33, Section 126).
Documents executed or drawn up outside the Virgin Islands shall be stamped
within thirty (30) days from the date of arrival within the Virgin Islands.
Arrival date shall be endorsed on the document and the date verified by
affidavit (Title 33, Section 127).
Exemption from stamp taxes shall apply to a transfer of title regarding
-- (Title 33, Section 128)
- Federal Government
- Local Government
- Corrections to provide or release security for a debt or obligation
to a deed previously recorded
- Sale of property for delinquent taxes
- Partition of real property
- Deeds given pursuant to mergers, dissolution or consolidations
- To a nonprofit organization if property qualifies for tax exemptions
- Husband and wife, parent and children etc.
The penalty for any document not stamped within the proper time is twice
the stamp tax not to exceed $100 (Title 33, Section 129).
Administrative process - Penalties
can be appealed to the Commissioner of Finance who has the authority to
waive penalties as prescribed by Title 33, Section 129.
Title 28 Chapter 7 Subsection 121 Virgin Islands Code specifies that documents
affecting real property, which are required or submitted to be recorded
shall be recorded in the judicial division in which the property is located.
If a document affects real property in both Judicial Divisions, it shall
be recorded in both offices. When a document is presented for recording
it should meet the recording requirements of the Territory. Unless proof
in writing is submitted, that all property taxes due have been paid relative
to the real property being conveyed, no deed shall be recorded by the
Recorder of Deeds. Such proof shall be obtained from the Department of
Example: adequately identified
grantor(s) and grantee(s) with addresses (mailing address for grantee(s)
is required), proper legal description of real property being transferred,
signed, dated, notarized, two witnesses if notarized in the Virgin Islands
and one if notarized in the United States or what is applicable in that
state. Once those items are in order fees will be charged and the document
will be accepted for recording.