Is a garage that was built on a mobile home lot whose property is it?

My dad recently passed away. He lived in a mobile home park and he built a garage on the lot and has been paying the taxes on the building for 23 years. It is on a solid foundation and technically it belongs to the property owner. Do we have any right to the garage or at least any back taxes paid back?

Asked on May 23, 2017 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do not have any right to the taxes back--your father chose to build the garage and pay the taxes on it when he did not have to, and his voluntary choice does not obligate the lot/property owner.
You have no right to land the garage sits on: the fact that your father was allowed to build and use a garage does not take away any ofthe property owner's rights over part of their property.
As long as the lease does not state that any structure built on the land becomes the property of the lot owner, you have a reasonable claim to the garage itself, but can't keep it there if the lot owner does not want you to: i.e. you could move it to another place, if such is technically feasible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.