Winston-salem, NC asked in Land Use & Zoning and Real Estate Law for North Carolina

Q: If I own a mobile home but lease the land based off a verbal agreement, what are my rights if the land goes up for sale

More complex than typical ‘owns the home but rents the land’ situations that I have found.

A verbal agreement was made with myself and the land owner allowing my mobile home to be placed for $X per month for the land. Not in a MH park, but one of two MH on 100 acres. This was for a new MH 23 years ago in 1997.

The owner recently passed leaving the 100 acres to his children. One of them called and notified us Sunday the land would be on the market as of Tuesday.

I asked to purchase the land, offered to pay for surveyors, essentially pay for all parts necessary to buy the land my MH is on. The children of the original owner refuse to split the land plot, wanting to keep all acres in tact.

What are my rights as a tenant of the land, considering my home is too old to relocate? If the land sells can the buyer force me to vacate? If I can’t move my home would that be considered ‘leaving property’ on the premises? Can they evict me from the land and keep my home?

1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Real Estate Law Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Any buyer would be buying the land subject to your lease, while it would be much better if your lease was written it is still likely a valid lease. Additionally, you should check with Forsyth County to make sure that your home is no longer able to be moved, each county has different regulations regarding this.

Once the land sells the buyer would have to give you 60 days notice and then can evict you and then if you leave the home on the land can force a sale of the mobile home to cover any costs that they may have incurred during the eviction process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.