Purchasing Land For Your Manufactured Home in Virginia
https://law.lis.virginia.gov/vacodefull/title58.1/chapter35/article6/
**Article 6: Special Provisions for Mobile Homes**
1. **Local Permits Requirement (§ 58.1-3520):** - A manufactured home intended for full-time residence must secure permits for water and sewer connections, or for a well and septic system, from local health departments before being placed on a lot. - The owner must notify local authorities (commissioner of revenue or director of finance) within ten days of moving the home into a new county, city, or town, providing personal and home details. - A tax permit from the local treasurer is required to move a home from its current location. This permit, issued after paying all due local property taxes, expires in 45 days and must be displayed on the home during transport. - Dealers or secured parties can use dealer plates instead of a tax permit and must notify the treasurer before repossessing or legally removing a home. - Violating these provisions is a Class 3 misdemeanor.
2. **Proration of Tax (§ 58.1-3521):** - Cities or counties can prorate property taxes quarterly for manufactured homes moved or delivered after January 1 and used as full-time residences, instead of assessing taxes for the entire year.
3. **Assessment Method (§ 58.1-3522):** - Manufactured homes installed per the Uniform Statewide Building Code are assessed alongside the real property they are on, using the same methods as for other buildings and improvements.
**Legal History:**- Various amendments and codifications from 1950 through 1994.
**Article 6: Special Provisions for Mobile Homes**
1. **Local Permits Requirement (§ 58.1-3520):** - A manufactured home intended for full-time residence must secure permits for water and sewer connections, or for a well and septic system, from local health departments before being placed on a lot. - The owner must notify local authorities (commissioner of revenue or director of finance) within ten days of moving the home into a new county, city, or town, providing personal and home details. - A tax permit from the local treasurer is required to move a home from its current location. This permit, issued after paying all due local property taxes, expires in 45 days and must be displayed on the home during transport. - Dealers or secured parties can use dealer plates instead of a tax permit and must notify the treasurer before repossessing or legally removing a home. - Violating these provisions is a Class 3 misdemeanor.
2. **Proration of Tax (§ 58.1-3521):** - Cities or counties can prorate property taxes quarterly for manufactured homes moved or delivered after January 1 and used as full-time residences, instead of assessing taxes for the entire year.
3. **Assessment Method (§ 58.1-3522):** - Manufactured homes installed per the Uniform Statewide Building Code are assessed alongside the real property they are on, using the same methods as for other buildings and improvements.
**Legal History:**- Various amendments and codifications from 1950 through 1994.
What the difference in a modular home and a mobile home?
Clayton homes
The main differences between modular homes and mobile homes (also known as manufactured homes) lie in their construction standards, design, and placement regulations:
### Modular Homes:1. **Construction Standards**: - Built to meet local or state building codes, which are often the same as for traditional site-built homes. - Constructed in sections (modules) in a factory and then transported to the site for assembly. 2. **Design and Quality**: - Typically have a permanent foundation and resemble traditional homes in appearance and durability. - Can be multi-story and have a wide range of design options. 3. **Regulations and Placement**: - Once assembled, modular homes are considered real property. - Subject to the same zoning laws and building regulations as site-built homes. 4. **Financing and Value**: - Financing options are similar to those for site-built homes, including standard mortgages. - Generally, modular homes appreciate in value over time like traditional homes.
### Mobile Homes (Manufactured Homes):1. **Construction Standards**: - Built to the federal HUD (Housing and Urban Development) Code, which is different from local building codes. - Constructed entirely in a factory and transported to the site in one or more sections. 2. **Design and Quality**: - Typically have a chassis and can be moved after initial placement, though they are often set up permanently. - Generally single-story, with fewer customization options compared to modular homes. 3. **Regulations and Placement**: - Considered personal property unless placed on a permanent foundation and registered as real property. - Placement often subject to zoning restrictions specific to manufactured homes, and they are commonly found in mobile home parks. 4. **Financing and Value**: - Financing options are different, often involving chattel loans (personal property loans) with higher interest rates. - Mobile homes typically depreciate in value over time, similar to vehicles.
In summary, modular homes are built to the same standards as site-built homes and are considered real property, while mobile homes are built to HUD standards, are often considered personal property, and generally have different financing and value considerations.
What is a easement on the property
An easement is a legal right that allows someone else to use a portion of your property for a specific purpose. It grants another individual or entity the right to access or use a specific area of your property, even though they do not own it. Easements can be a crucial consideration for both buyers and sellers in real estate transactions, as well as for those involved in new construction projects.For buyers, it is essential to understand if there are any existing easements on the property they are interested in purchasing. Easements can affect how you can use the property and may limit certain activities or modifications. It is crucial to review the property's title report and work with a knowledgeable real estate agent or attorney to identify any easements that could impact your plans for the property.Sellers should disclose any known easements on their property to potential buyers. Failure to disclose easements can lead to legal issues in the future. It is advisable for sellers to gather all relevant information about easements before listing their property and share it with the buyer during the negotiation process. Being transparent about easements can help maintain a smooth transaction and avoid potential disputes or litigation down the line.When it comes to new construction projects, easements can play a significant role. They may affect the design and placement of buildings, driveways, utilities, or access roads. If an easement exists on the property where you intend to build, you may need to obtain permission or negotiate with the easement holder for modifications or removal. It is important to consult with a real estate attorney or land surveyor to fully understand the implications of existing easements on your construction plans.Now, the big question arises, can you remove an easement on your property? In some cases, it is possible to remove or modify an easement, but it usually requires legal action. The process typically involves obtaining the consent of the party benefiting from the easement or proving that the easement is no longer necessary. It is a complex and often challenging process that requires the expertise of an attorney experienced in real estate law.In conclusion, easements can significantly impact real estate transactions, whether you are a buyer or a seller. Understanding the implications of easements and their potential effects on new construction is crucial. If you are considering buying or selling a property, or if you plan to undertake construction on a property with an existing easement, it is advisable to consult with professionals who can provide guidance and ensure compliance with all legal requirements.
Debra A Givens
Phone:+1(804) 778-5190