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Home > Rules and Policies > Residential and Commercial Structures and Manufactured Homes on Ground Leased Property
Residential and Commercial Structures and Manufactured Homes on Ground Leased Property
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Canopy MLS only allows listings of real property (or listings of interests in real property) for sale, exchange or lease to be submitted to the MLS system.

 

In the case of residential or commercial structures built on land subject to a Ground Lease*, the structure is considered a permanent improvement and appurtenance to the land and may be listed in the MLS system.

 

In North Carolina, manufactured homes constitute “real property”, and not personal property, only if it, (1) is a residential structure; (2) has the moving hitch, wheels, and axles removed, and (3) has been placed on a permanent foundation on land owned by the owner of the manufactured home or on land in which the owner of the manufactured home has a leasehold interest pursuant to a lease with a primary term of at least 20 years and the lease expressly provides for disposition of the manufactured home upon termination of the lease [See NCGS 105-273(13)].** 

 

Similarly, in South Carolina, a manufactured home becomes a permanent improvement and appurtenance to real property only if the wheels, axles and towing hitch are removed but, South Carolina law requires additional action by the owner of the manufactured home to show conclusive proof of the intent to affix the home to real property. 

 

North Carolina and South Carolina laws do vary.  If you have questions about how these laws may apply to certain property, please consult with your attorney.

 

Canopy MLS only allows listings for the sale of manufactured homes that are deemed to be, or are a part of, real property as defined under North Carolina or South Carolina law. 

 

*Ground Lease: a lease of land only that involves the separation of ownership of the land from ownership of the buildings and improvements on the land. 

 

**Canopy MLS is currently aware of the following residential communities where residential structures have been placed on land subject to a Ground Lease:  Gaston County Wildlife Club, some proprieties on Elks Park Road in York County, Duke Power leased lots on Kemp Road in Mooresville, and Prescott Park in Maggie Valley.

 

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