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General Information
Overview of the Recorder of Deeds
The duties of the District Recorder of Deeds are described in Title 33, Chapter 7 Section
121, Section 126 through Section 129 of the Virgin Islands Code.
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% or greater 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.
Recording Information
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 Finance.
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.
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