Do I own the land under my trailer after my mother-in-law's transfer?

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 determine ownership, we need to review the document your mother-in-law signed in 1998. This document will clarify whether it transferred both the trailer and the land beneath it. Generally, a trailer is considered personal property, and ownership is transferred through a bill of sale. However, if a mobile home is permanently affixed to the land, it can become real property. The classification depends on how the trailer is attached to the land and whether it was intended to remain there permanently.

In assessing whether the trailer is personal or real property, consider how it is affixed to the land, its intended permanence, and the relationship of the parties involved. If the trailer is permanently attached and used as a residence, it may be viewed as part of the real estate.