A title examiner may presume that a deed for land, on which a mobile or manufactured home is affixed, is effective to transfer the land and the mobile or manufactured home, when the land and mobile or manufactured home are owned by the same person.
Where a mobile home is not affixed to land or is affixed to land which is not owned by the owner of the mobile home, title may be transferred by a mobile home bill of sale or a Mobile Home Deed.
Comment 1. A mobile home is defined in 10 VSA 6201 or, as (2) an unmotorized vehicle, other than a travel or recreational trailer, designed to be towed and designed or equipped for use as sleeping, eating, or living quarters. 9 V.S.A. 2601(a).
Comment 2. A conveyance of the land on which a mobile home is affixed need not: (a) reference any prior recorded mobile home bills of sale; or, (b) separately describe the mobile home; or, (c) make reference to improvements. Absent reason for concern, a break in the chain of mobile home bills of sale does not impair the marketability of title to the mobile home.
Comment 3. “Affixed” is synonymous with “permanently sited” as defined in 9 V.S.A. 2601(d). See, Hartford Nat. Bank and Trust Co. v. Godin, 137 Vt. 39, 398 A.2d 286, (1979) – “[t]he mobile home became a fixture with its installation on the mortgaged premises. Clear intent to make it part of the realty was evidenced by a concrete block foundation, attached steps, a connected septic system, and encasement of the foundation in aluminum foundation siding. The three criteria which we examined at length in Sherburne Corp. v. Town of Sherburne, 124 Vt. 481, 207 A.2d 125 (1965) are met. There is annexation to the realty, adaptation to the use of the realty, and an intent to make the property a part of the real estate. The mobile home became, as Greenfield contends, a fixed residence.”
Comment 4. A permanently sited mobile home intended for continuous residential occupancy: (a) that is located on land owned by the owner of the mobile home shall be financed as residential real estate; and (b) that is located on land leased by the owner of the mobile home may be financed as residential real estate. 9 V.S.A. 2603.
Comment 5. See generally 9 VSA Chap. 72.
Comment 6. A mobile home that is affixed to land not owned by the owner of the mobile home may be transferred by a mobile home bill of sale or Mobile Home Deed per 9 V.S.A 2604.
History
September 2020 – This standard was added