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Can you tell me if in Massachusetts a Mobile Home is

Can you tell me...

Can you tell me if in Massachusetts a Mobile Home is considered personal Property or Real Estate - is is in a park & on rented land?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Has any paperwork been filed?

Like with the ROD? I do not hink so

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The owner has passed away without leaving a will?

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Answered in 5 minutes by:
8/30/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,810
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 11 months ago
My Aunt by marriage has passed away before she signed her will - she owned a mobile home in an over 55 community & leased the land. Is the mobile home personal property or is it real estate and needs to go through the probate process?
Customer reply replied 11 months ago
no need to call
Customer reply replied 11 months ago
sorry should I still be waiting for an answer?

A Mobile Home could be real property or tangible personal property, it depends on the actual circumstances. The MA Supreme Judicial Court held that if a mobile home acquires the characteristics of a conventional home, the mobile home ceases to be tangible personal property and becomes real estate. Ellis V. Board of Assessors, Acushnet, 358 Mass. 473, 474-75 (1970). If a mobile home is real property, the mobile home is not subject to the sales tax. See G.L. c. 64H, § 2. If a mobile home is a trailer, the sale is not exempt as a casual and isolated sale. See G.L. c. 64H, § 6(c).

The MA statutory definition of the term "mobile home" is located in chapter 140 of the General Laws, which regulates mobile home parks. Chapter 140 defines a mobile home as "a dwelling unit built on a chassis and containing electrical, plumbing and sanitary facilities and designed to be installed on a temporary or a permanent foundation for permanent living quarters." G.L. C. 140, § 32Q. The MA Department's Sales and Use Tax Regulation on Motor Vehicles defines "trailer" as "a vehicle which is not self-propelled, which must be towed by a motor vehicle, and which is constructed and designed for use upon the public highway." 830 CMR 64H.02(2) (1986). This definition of the term "trailer" seems to exclude "mobile homes" as that term is generally understood today.

Under MA law, for tax purposes, manufactured homes are classified as personal property and generally exempted from real property taxes. See: 26 M.G.L. c. 140, § 32G; M.G.L. c. 59, § 5, cl. (36). In place of a property tax, homeowners pay a monthly license fee, which is collected by the community owner/operator and turned over to the town. See: M.G.L. c. 140, § 32G.

Because it has a title or a deed, for purposes of estate administration, in order to transfer ownership, it must be transferred via probate and whether it is personal property transfer or real estate transfer depends on whether it meets the above definition and whether it has a title or a deed. A title would make it personal property and a deed would make it real property.

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Law Educator, Esq.
Category: Real Estate Law
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Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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