State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_47 > GS_47-20_7

§ 47‑20.7.  Declarationof intent to affix manufactured home; transfer of real property withmanufactured home attached.

(a)        A person who ownsreal property on which a manufactured home has been or will be placed or theowner of a manufactured home who has entered into a lease with a primary termof at least 20 years for the real property on which the manufactured home hasbeen or will be placed, as defined in G.S. 105‑273(13), and either wherethe manufactured home has never been titled by the Division of Motor Vehiclesor where the title to the manufactured home has been surrendered and cancelledby the Division prior to January 1, 2002, may record in the office of theregister of deeds of the county where the real property is located adeclaration of intent to affix the manufactured home to the property and mayconvey or encumber the real property, including the manufactured home, by adeed, deed of trust, or other instrument recorded in the office of the registerof deeds.

(b)        The declaration ofintent, deed, deed of trust, or other instrument shall contain a description ofthe manufactured home, including the name of the manufacturer, the model name,if applicable, the serial number, and a statement of the owner's intention thatthe manufactured home be treated as property.

(c)        On or after thefiling of the instrument with the office of the register of deeds pursuant tosubsection (a) of this section, the manufactured home placed, or to be placed,on the property becomes an improvement to real property. Any lien on themanufactured home shall be perfected and have priority in the manner providedfor a lien on real property.

(d)        The provisions ofthis section control over the provisions of G.S. 25‑9‑334 relatingto the priority of a security interest in fixtures, as applied to manufacturedhomes. (2001‑506,s. 3; 2003‑400, s. 3.)