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I have a similar problem like the one you guys answered on

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the web, "If I build...
I have a similar problem like the one you guys answered on the web, "If I build a house on someone elses property, who owns the…If I build a house on someone else's property, who owns the house? In other words can I have title to the house without deed to the property and what rights would I have in case of sale or desease?
Real Estate Lawyer answered in 5 minutes, over a year ago
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 34656
Experience: 12+ yrs. of experience including real estate law.
VerifiedThanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.When you buy a home (not a condo or timeshare or "townhome" but a home with land) your not actually purchasing the home (the wood/brick/paint etc)...you actually are buying the land...everything else that is attached to the land (like the home(s)) are part of the property...but you will not see them on the title. The title simply shows the legal description of the land.So, at the time of the sale, ALL houses or building on the land will be sold with the land.SO, if you build a home on someone elses land, the ONLY way to get title to the property is to have the land split...so that the home you build is on its own land.YOu can request this through the city/county (depends on how zoned)BotXXXXX XXXXXne: unless you can get the property subdivided, if you build this it will belong to the property owner."
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Their was a house built on property belonging to me and my husband to take care of his aging mother. His mother paid for the construction of the house but land was already in only me and my husband's names. My mother-in-law ended up going to a nursing home. She has dementia. Now my husband is divoricing me and here and his brohter want to sell the modular home and keep the money?
JA: Has any paperwork been filed?
Customer: Kentucky
JA: Anything else you want the lawyer to know before I connect you?
Customer: No paperwork has been filed to mu knowledge. I have not signed anything.
Submitted: 2 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
9/13/2017
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,700
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Is the house permanently attached to the land (stick built) or is it able to be moved off of it like a mobile home or sectional home?

.

.

thanks

Barrister

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Customer reply replied 2 months ago
Can be moved. It is modular.
Customer reply replied 2 months ago
No. I do not want to call. Just wanted a general answer.
Customer reply replied 2 months ago
Hello?
Customer reply replied 2 months ago
I have gotten NO answer from JustAnswers?
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

Just a second please, it takes a little time to type an answer..

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Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

Ok, if it can be moved, then it is not permanently attached to the property so it doesn't become a "fixture". That means it is considered personal property just like a mobile home, a shed, or a carport.. That means that if mother purchased it, then legally she can remove it since it is her personal property.

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The only exception would be if she actually gifted it to you both as a couple in return for her being allowed to put it on your land and use it.

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If that is the case, then it is equally owned by both of you subject to her rights to use it and if she has given up those rights, then the property would be half yours in any divorce..

.

.

thanks

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,700
38,700 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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