Full question:
The owner of a manufactured home did not purchase the property on which the home is located. I own the property. If the homeowner fails to remove the mobile home, can I charge the owner a fee to leave it on my property? If the homeowner does not pay, can I assume it is abandoned and becomes my property?
- Category: Personal Property
- Subcategory: Mobile homes
- Date:
- State: Texas
Answer:
Property is considered abandoned when the owner leaves it with no intention of returning. In Texas, to prove abandonment, you must show that the owner intentionally gave up possession, which can be indicated by the time the property has been left unclaimed. However, Texas law does not specify how long property must be unclaimed to be considered abandoned. Courts look at all facts and circumstances to determine the owner's intent. Simply not using the property is not enough to prove abandonment.
If the homeowner does not remove the mobile home, you may charge a fee for its continued presence on your property. If the homeowner fails to pay this fee, you cannot automatically assume the home is abandoned and take ownership. Instead, you would need to follow legal procedures for eviction. Under Texas law, you must provide written notice to the occupant to vacate the property before taking further action (Tex. Prop. Code § 24.002).
In summary, while you can charge a fee for the mobile home remaining on your property, you cannot simply claim it as abandoned without following the proper legal steps.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.