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6 Yrs ago I bought a mobile home from a second party that got it abandoned in a mh park. The person I bought it from is out of the picture, but the tax records shows the original owners name.
I have been paying taxes and remodeled it. What I want to know is how do I get a title?
How did you buy it? Cash? Title search should have been done.
This is a LEGAL question, not a TAX question.
Recommend it be re-posted to the LAW Forum.
You should have never purchased it unless the seller could provide clear title. Do you have a bill of sale? But even that may not be enough unless the seller can prove he had the right to sell it.
I paid cash and got a bill of sale.
The reason I am asking is because I read that property can be claimed if I prove I have paid taxes and improved the property under "adverse possession", but not sure if that would also include mobile homes. When I bought this MH it was a shell without even flooring so there is a lot of money in fixing it up.
http://www.law.cornell.edu/wex/adverse_possession
Adverse Possession
Adverse possession is a doctrine under which a person in possession of land owned by someone else may acquire valid title to it, so long as certain common law requirements are met, and the adverse possessor is in possession for a sufficient period, as defined by a statute of limitations.
The common law requirements
The common law requirements have evolved over time, and the articulation of those requirements varies somewhat from jurisdiction to jurisdiction. Typically, adverse possession, in order to ripen into title, must be:
(1) Continuous; this means continual.
(2) Hostile to the interests of the true owner; this is the adverse part of adverse possession.
(3) Open and notorious, so as to put the true owner on notice that a trespasser is in possession.
(4) Actual, so that the true owner has a cause of action for trespass, on which the true owner must act within the statute of limitations.
(5) Exclusive, in order that there be no confusion as to who acquires title once the time has run.
The statute of limitations
A typical statute will require possession for 7 years, if under color of title, or 20 years, if not.
A mnemonic may help with remembering the decisional and statutory elements of adverse possession; think of it as inchoate ownership which becomes choaTe [(i.e. continuous, hostile, open, actual, for the requisite period of Time, and exclusive). Decisional pieces are indicated in lowercase, statutory ones in uppercase.].
Wex:
wex definitions
wex articles
property law
Adverse possession doesn't apply to personal property.Quote:
Originally Posted by elvena
Mobile homes are personal property, not real estate. You cannot claim the MH space (which is real estate) by adverse possession if it remains on the MH park, because by paying space rent, you acknowledge that the payee owns the real estate upon which it sits.
If you have paid the taxes, it's likely that this is a personal property tax on mobile homes; again that doesn't count.
If the MH was moved from the MH park to another piece of property, there may possibly be an adverse possession issue.
The problem is that "choate" is a little-used word and few people know what it means. I prefer "A HOUCE" ("house" being, unfortunately, misspelled): adverse, hostile, open, under claim of right, continuous, and exclusive.Quote:
Originally Posted by smoothy
As noted adverse possession doesn't apply here. The issue of title may come up if you want to leave the MH to someone or move it to a different park. As it stands now you have no proof that you own it. And if the original owner's heirs show up they may be able to claim it. I would try to contact the issuer of the bill of sale to provide you with proof he had the right to sell it, then take that documentation to the local DMV and ask them to reissue the title. If you can't get the seller, you can try going to the DMV with what you have.
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