Irving, TX asked in Real Estate Law for Texas

Q: We have a modular home on my daughter's property. Can we remove the home without consequences? We own the home.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: A modular home--as opposed to a mobile home--is typically a fixture because it is built on a permanent foundation. Therefore, usually the owner of the real property is the owner of the modular home.

Your question states that you are the owner of the modular home but your daughter is the owner of the underlying property. This would be a highly atypical situation, so I would need to carefully review the documents involved to confirm that your understanding of who owns what is correct before forming any opinion as to whether removal of the home might damage the underlying property giving rise to a claim. Given the unusual nature of the situation, it is highly likely that the documents involved contain very explicit provisions regarding removal of the home and compensation for damage to the underlying property.

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