Legal Question in Real Estate Law in California

manufactured home on parent's land

10 years ago we put put a manufactured home on parent's land now they want us gone. What are our rights?


Asked on 3/02/08, 7:00 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: manufactured home on parent's land

After doing a fair amount of research on this question, I find it is a lot more complicated than I had expected when I started to do research to confirm my opinions.

Your question raises two separate and distinct legal issues or areas of law. The first is whether you have any rights to remain on the property. The other issue is who now owns the manufactured home.

I have to make a couple of assumptions, since your question is so brief. I'll assume that you initially had permission both to put the manufactured home on parent's land and to live in it, but never paid rent. I'll assume the manufactured home initially belonged to you, and that no one else had or has a lien on it. I also assume there is no written agreement with the parent covering any aspect of the deal. Finally, I'll assume the placement of the manufactured home was done with all permits, code compliance, etc. and that it is installed on a foundation.

If all of the above are true, this is the worst possible combination. You are not a tenant and also haven't acquired "squatters' rights" through adverse possession. Therefore, you appear to have no right to remain on the property. Further, very possibly the manufactured home has become a fixture and belongs to the landowner, not you.

Other facts and/or further research could turn up legal doctrines that would put you in a far better position. As I say, the law on both yout right of continued possession and on your ownership of the home are very complex and may depends upon additional facts. However, I think your basic assumption or strategy has to be that your position is inherently quite weak.

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Answered on 3/02/08, 9:39 pm


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