Virgin Islands Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment

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Multi-State
Control #:
US-00792BG
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Word; 
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Description

Abandonment is the act of intentionally relinquishing, without reservation, a known right without reference to any particular person or purpose. In some jurisdictions, carriers, innkeepers and other designated parties are authorized by statute to sell abandoned or unclaimed freight, baggage or other personal property under specified conditions. These statutes generally require that the property remain unclaimed for a designated period and that notice of the sale be given.


A notice of sale of abandoned property must be given in strict compliance with the terms of the governing statute. Notice of a public sale of unclaimed or abandoned property is typically required to be published in a newspaper of general circulation in the county where the sale is to be held.


Most states have enacted legislation providing for the escheat of abandoned and unclaimed property, or giving custody of such property to the state. These statutes generally set forth procedures, whereby the owner may file a claim and obtain restoration of the property within a designated period of time.

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FAQ

Personal property is voluntarily abandoned when the owner of the property intentionally and voluntarily gives up title to such property and title vests in the Government. The receiving agency ordinarily documents receipt of the property to evidence its voluntary relinquishment.

Identify and mark your property boundaries. Inspect your land regularly for signs of trespassers. You may want to use ?no trespassing? signs and block entrances with gates. Although many states will not find a ?no trespassing? sign sufficient to prevent an adverse possession claim, it's a good way to deter trespassers.

The Virgin Islands Uniform Unclaimed Property Act requires every business entity to review its records to determine whether they hold any funds, securities or other property presumed abandoned under the Act, and file an annual report with the Office of the Lieutenant Governor, Division of Banking and Insurance.

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

In order for a party to establish title or ownership to property by adverse possession, the possession or use of such property must be actual, uninterrupted, exclusive, physical adverse, continuous and notorious for the statutorily prescribed period of time.

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Virgin Islands Notice of Sale of Abandoned or Unclaimed Personal Property at Public Auction - Abandonment