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Double Wide on Undivided Interest Property

2,615 Views | 18 Replies | Last: 2 yr ago by Todd 02
agstudent
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My property is technically owned by myself and a couple of other family members through an undivided interest. I am the sole user/caretaker of the property and ultimately would like to buy everyone out, but that won't be any time soon. I would like to put a double wide on the property (with everyone's blessing), but don't want to do it if it will automatically become part of the land when I do. Anyone have any experience with something like this? Is there a way I could maintain sole ownership of it like I could an RV?
AlaskanAg99
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You need to reach out to the CAD where the land is located and have them define if its personal property or real property.

May just be easy to draw up and agreement between all the landowners that it's yours, but you'd have to pay sole tax on it.
aTm '99
SteveBott
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I'd be extremely wary of doing this. Your relationships with the relatives maybe good now but ownership will change. And the new owners might not be near as agreeable.

I'd set up a pad and RV. Built in exit strategy.
redaszag99
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I believe with a trailer, the purchaser of trailer retains title. It is not treated like a normal house for deed purposes
SteveBott
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If using FHA financing it must be permanently attached and disabled to move.
jwoodmd
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agstudent said:

My property is technically owned by myself and a couple of other family members through an undivided interest. I am the sole user/caretaker of the property and ultimately would like to buy everyone out, but that won't be any time soon. I would like to put a double wide on the property (with everyone's blessing), but don't want to do it if it will automatically become part of the land when I do. Anyone have any experience with something like this? Is there a way I could maintain sole ownership of it like I could an RV?
Was part of a family undivided interest on a beautiful mountain property out of state. Had been in the family since the 1930's with no problems until a couple cousins built a small "cabin" and another moved in a mobile home. No exaggeration - ended up costing hundreds of thousands of dollars in legal battles, near forced sale by courts, and completely fractured family relations beyond repair. Everyone tried to buy out the others, divide the property, force removal of cabin/mobile homes, etc. What seems simple and cases of "we all get along" will be gone in milliseconds.
agstudent
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Found a little more info, but doesn't really help much.

Quote:

Mobile Home Characteristics

Mobile homes affixed to land not owned by the homeowner are taxed as personal property. Mobile homes affixed to land owned by the homeowner are taxed as real property.

Not sure if the land is considered owned by me or not since I am not the sole owner. Maybe I could put it in my wife's name since she doesn't technically own any of the land?
jt2hunt
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Put the mobile home in a non-family members name
SteveBott
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Even in the wife's name it could get tangled in community property laws in Texas
Max Power
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You never know what could happen down the road, be it in a decade or next week. If you don't have sole ownership I'd recommend just pouring a slab and running power, water, and sewer hookups for a travel trailer. Obviously won't be as big as a double wide but would potentially save on legal headaches/costs in the future.
KingofHazor
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This doesn't answer your question but it might provide some ideas. A guy I knew who owned an RV park in the Black Hills wanted to add cabins to rent. He put them on skids to keep them classified as personal property for tax purposes.
B-1 83
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agstudent said:

Found a little more info, but doesn't really help much.

Quote:

Mobile Home Characteristics

Mobile homes affixed to land not owned by the homeowner are taxed as personal property. Mobile homes affixed to land owned by the homeowner are taxed as real property.

Not sure if the land is considered owned by me or not since I am not the sole owner. Maybe I could put it in my wife's name since she doesn't technically own any of the land?

I would highly suspect you would be considered the owner - divided or not. As someone else said, beware of land deals with relatives. It cost me a ranch.
Being in TexAgs jail changes a man……..no, not really
44mAG
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Yep with the cost of land, there are no good endings to an undivided interest on a piece of property. Even if things are good now, they will not be for your kids.
Shoefly!
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redaszag99 said:

I believe with a trailer, the purchaser of trailer retains title. It is not treated like a normal house for deed purposes

You are correct, it can be moved. Especially if you don't take off axles, you can take tongue off but I believe it has to stay with trailer. Usually it's shoved under frame out of sight. Use to, to get a conventional loan the loan company would have to see evidence that the axles were no longer attached, usually their own agent would come out and inspect.
Burdizzo
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If you are going to do it, draw up a lease agreement and rent the property (or a fraction) from the estate. That way there is a written agreement on you putting it there and the terms.

But as others have warned, tread lightly and avoid if possible.
Mas89
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Divide the property now. Get your part and do what you want.
CactusThomas
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44mAG said:

Yep with the cost of land, there are no good endings to an undivided interest on a piece of property. Even if things are good now, they will not be for your kids.


Even worse if it does work for your kids. More owners with every generation. Sure to be an absolute shii show for your grandkids.
Jbob04
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I would sell out and go buy your own piece of land. This never ends well.
Todd 02
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My local CAD includes my shipping container cabins in the real property valuation because they are not on wheels. They are not affixed to the ground, but merely sit atop railroad ties.

I agree with keeping with a RV.
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