North Carolina Declaration of Intent to Affix the Manufactured Home to Real Property
Definition and meaning
The North Carolina Declaration of Intent to Affix the Manufactured Home to Real Property is a legal document used by the owners of manufactured homes when they wish to permanently attach their home to a parcel of real estate. This document clarifies the owner's intention for the manufactured home to be treated as real property, which carries implications for taxation, ownership, and financing.
How to complete the form
To properly complete the North Carolina Declaration of Intent to Affix the Manufactured Home to Real Property, follow these steps:
- Begin by filling in the details of the manufactured home, including the manufacturer, make, year/model, and vehicle identification number (VIN).
- Provide the location of the real property where the manufactured home will be affixed, including deed book and page numbers.
- Indicate whether the home has been titled by the North Carolina Department of Transportation.
- Verify that the home has been or will be assessed as real property for tax purposes.
- Sign the document in the presence of a notary public to ensure its legal validity.
Who should use this form
This form is appropriate for individuals or entities that own manufactured homes and wish to permanently attach them to a piece of real property in North Carolina. It is especially relevant for homeowners who are looking to clarify the legal status of their property for mortgage financing or tax assessment purposes.
Legal use and context
The Declaration of Intent is governed by North Carolina General Statutes, specifically N.C.G.S. 47-20.7. By filing this declaration, owners assert their intent to regard their manufactured home as an integral part of the real estate, which can impact legal rights, obligations, and responsibilities related to the property.
Common mistakes to avoid when using this form
When preparing the North Carolina Declaration of Intent to Affix the Manufactured Home to Real Property, users should be aware of the following common mistakes:
- Failing to provide accurate information regarding the manufactured home's details.
- Omitting the necessary notary acknowledgment.
- Not specifying whether the home has been titled, which can affect its legal status.
- Inaccurately describing the real property location, leading to potential legal disputes.
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FAQ
(b) The declaration of intent, deed, deed of trust, or other instrument shall contain a description of the manufactured home, including the name of the manufacturer, the model name, if applicable, the serial number, and a statement of the owner's intention that the manufactured home be treated as property.
The Uniform Manufactured Housing Act requires you to do two things to legally convert a mobile home into a real house: Relocate the mobile home onto a particular piece of land. File for a certificate of location with the land records office of where your new home will be located.
See N.C. Gen Stat. § 20-109.2. After recording with DMV, the affidavit must be recorded with the Register of Deeds of the county where the real property is located. Once recorded with the Register of Deeds, the mobile home becomes an improvement or fixture to the real property.
V. 1) to attach something to real estate in a permanent way, including planting trees and shrubs, constructing a building, or adding to existing improvements.
Severance is changing an item from real property to personal property by detaching it from the land. Annexation is the addition to property by the act of attaching a smaller item to the larger property, as in attaching personal property to real property, thereby creating a fixture.
In North Carolina, modular homes become part of the real property at the time of installation. In contrast, manufactured housing generally starts out as personal property.
A fixture, as a legal concept, means any physical property that is permanently attached (fixed) to real property (usually land). Property not affixed to real property is considered chattel property. Fixtures are treated as a part of real property, particularly in the case of a security interest.
To be considered affixed, most states require that the wheels, axles and towing hitch be removed to eliminate the possibility of relocation. The task of removing these items should be left to a professional to ensure the proper permits are pulled, and all codes and zoning requirements are met.