what legal ground for moving my home

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what legal ground for moving my home

about 5 years ago my husband and I built a home on my sons land. My husband died about 3 years ago. I am wanting to sell my house. what legal ground do I have. Can I sell my house to be moved.Or do I have the right to move it?

Asked on April 20, 2018 under Real Estate Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you only own the house, and are not a co-owner of the land, you really don't have any rights: you could sell the *house* but someone would have to then move it from this property if your son insisted they do. Your son has the right to have any structure (i.e. your house) removed from the land unless there was some written agreement (e.g. a landl lease) preventing that. (If there is a lease, you could transfer the lease as is to a buyer, and they would have as long as is left on the lease, assuming they honor any obligations they, as renter, would have under the lease). You unfortunately are in a position where you don't really have any rights, unless you have some sort of long-term land-lease. You may wish to see if your son is willing to buy the house from you, even if you sell it to him at a discount (for a lesser value than it might be worth); he could potentially then rent it out to others to provide an income stream, or divide his property and sell part of the lot and the home to someoene else and profit that way.


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