Legal Question in Civil Litigation in Oklahoma
Property possession
I have been getting calls from various people about buying the deck & porch that Lora & I built for my Mother. They repossessed her mobile home about a year ago and left the porch & deck standing.
She is in a nursing home and has some dementia and is not aware that her home has been repossessed. Technically the material belongs to her, but at this point it is most likely that she will live out the rest of her days in the nursing home. The material in question is located on my property that she gave me. Can I legally sell this material?
Thanks for your help
2 Answers from Attorneys
Re: Property possession
From what you say it sounds like you're OK to sell the deck and porch. It is an improvement located on your property, and you don't mention any others that may have or want to make a claim on it.
Also, based on what you say, you may want to consider the legal tasks associated with care for your mother; for example, a will, power of attorney, advanced directive, and/or guardianship.
Re: Property possession
This do not appear to be a permanent fixture in her home and it is located on your property, but first, I would consider whether or not you have plans to allow others to use your land for another mobile home. If you do, you can increase the rental or lease amounts for the new arrivals or tenants who may want to include use these other these additions. I would also consider whether you may even want to retire on the property and use these items on a later date. Either way, you appear legally free to sell these items, if you legally own this property.
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