Do I own the land where the mobile home sits that my mother-in-law gave me?

Full question:

My mother-in-law signed over to me a trailer in 1998. It was immoveable and we have lived there for 17 years. My husband left us for his cousin's wife. Now five years later the new wife wants to build a house right on top of mine. My mother-in-law is trying to get me out. She gave me a paper saying that she turned over the trailer to me. I have paid the property taxes. I have 3 sons, and now my mother-in-law and my husband's new wife have given me a second eviction notice. They claim that while I may own the trailer, I do not own the land on which it sits. Who is correct?

• Category: Real Property
• Date: 04/07/2025
• State: New Mexico

Answer:

To give you a definitive answer, we would have to see the document that your mother-in-law sign in 1998 to determine if it passed both the trailer and the land under it. Generally, a trailer is personal property and title is passed to it by a bill of sale.

However, property which is otherwise personal in nature, when physically attached to the soil or constructively attached by its use or intended use with the soil, ordinarily becomes a part of the realty, a mobile home that is affixed to a permanent foundation will generally be considered real rather than personal property.

In judging whether property is personal or real, the manner in which it is affixed to the land and the permanence with which it was designed to remain in place must be considered. Therefore, personal property like a mobile home become real estate when annexed to real property under such circumstances that it appears clearly from an inspection of the property itself, taking into consideration the character of the annexation, the nature and adaptation of the articles annexed to, the uses and purposes of the real estate at the time of the annexation, and the relation of the annexing person to the real estate in question, that a permanent annexation to the real property was intended.