Henderson, NC asked in Real Estate Law for North Carolina

Q: What is the legal significance of the following phrase in a real estate deed?

"This property does not include the primary residence of the Grantor". I was deeded some land with mobile home from my mother. She gave herself a life estate in this deed. As far as I know, she was living in this mobile home. I was wondering why this phrase was included in the deed. Does it have some special legal significance?

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2 Lawyer Answers
Ben Corcoran
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Ben Corcoran
Answered
  • Yadkinville, NC
  • Licensed in North Carolina

A: NC law requires it, it should not change the validity of the deed, however.

Anthony M. Avery
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Answered

A: Not sure what the grantor intended, but fixtures go with the real property. The mobile home has 1 or 2 certificate of titles with VIN's. MH's are transferred by this certificate, not deed. Sometimes when a certificate cannot be located, a VIN transfer is made in the related Deed, but the certificate is where the legal title is transferred. After 25 years or so, it usually makes no difference since it is not a "mobile" home anymore. Also it appears Mom has an Estate for Her Life, then Remainderman vests in possession.

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