Legal Question in Real Estate Law in New York
right to sell
if a person purchased land that had a moblile home on it, in which they knew was not owned by the person in which they had purchased the land have the right to sell the moble home without notifing the proper owner and/or obtaining the title to it. If not would it be a small claims court issue, and what would be the time limit to pursue such action?
2 Answers from Attorneys
Re: right to sell
If all you purchased was the land, all you have is the right demand removal or to charge rent, assuming there were no written agreements between the seller and the owner of the mobile home. You cannot sell the home unless you first give the owner the right to remove it or enter into a lease agreement(30 days is usually sufficient time). You could say if not removed in 30 days of receipt of the removal notice it would be sold and proceeds used to cover costs of interim rental value. Unless the owner writes and tells you it has been abandoned, and gives you the title, your only recourse is rental value of the land and costs of removal and storage. If the home has any value, I suggest having an attorney assist you in contacting the owner and enforcing your claims.
Re: right to sell
The way to handle this depends on whether the mobile home is occupied or whether it is just an object left on the property. Feel free to call me at 212-367-9167 to discuss this further. I do not charge a fee for the initial consultation.
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