Can I sell a manufactured home together with the land it sits on?
Yes. How it is sold turns on whether the Department of Motor Vehicles still holds a title for the home. Once that title is canceled and an affidavit of affixation is filed with the circuit court, the home is conveyed only as real estate with the land. A titled home never converted under Va. Code 46.2-653.1 keeps a title of its own.
Is there still a DMV title on the home?
Before anyone talks about price, listing or closing, one fact has to be pinned down: does the Department of Motor Vehicles still hold a certificate of title for the home, or was that title surrendered when the home was made part of the land? Every later step follows from the answer, because Virginia gives a manufactured home owner one road from the first status to the second.
the provisions of this section constitute the only manner by which a manufactured home owner may convert a manufactured home to real property.
Va. Code 46.2-653.1 (apart from the tax provisions the section cross-references, and for their purposes)
Outside those tax provisions, then, a titled home becomes real property only through that section's steps; how long it has sat on the lot is not one of them. Titling can be required early, too: under Va. Code 46.2-653, in its section on permits for moving oversize manufactured homes, the owner of a home "of this sort" bought in or brought into Virginia for use here applies to DMV for title within 30 days.
Because this is a titling question, the definition that matters is the one in Title 46.2, the part of the Code that holds the DMV titling sections quoted here. Title 36 words its own definition slightly differently, so the two are not interchangeable.
"Manufactured home" means a structure subject to federal regulation, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Va. Code 46.2-100
Pulling the wheels is a precondition; the conversion is two sworn affidavits
Taking off the wheels and the rest of the mobility equipment is one of three conditions for converting, along with a Virginia title and attachment to land the home's owner owns. It does not convert anything by itself. The Title 46.2 definition above describes a manufactured home as designed to be used as a dwelling "with or without a permanent foundation," and a foundation is not one of the conversion steps below.
The home qualifies
It has been titled in Virginia, the wheels and other mobility equipment have been removed, and the unit is attached to land owned by the home's owner.
An affidavit goes to DMV
The owner submits a sworn affidavit to the Department of Motor Vehicles stating that the mobility equipment is off and the unit is attached to land the owner owns.
DMV cancels the title, if no lien stands in the way
DMV will not cancel the title while a security interest recorded on it has not been released by the secured party. In the absence of a release, documentation that the loan has been satisfied is accepted. After canceling, DMV gives the owner written confirmation that the title was surrendered and canceled.
An affidavit of affixation goes to the circuit court
With that confirmation, the owner files a sworn affidavit of affixation with the circuit court of the locality where the land is. Among its contents: the legal description and address of the land, a statement that the home's owner also owns the land, and the homeowner's statement that the home is intended to be a permanent fixture assessed and taxed with the land as real property.
The home is deemed real estate
On filing, the home is deemed real estate and is conveyed and encumbered only as real estate is, unless it is later physically severed from the land and retitled under subsection C.
Notice the order. The DMV step comes before the court filing, and a lender's unreleased lien on the title stops the process at DMV. A home with a loan still recorded against its title cannot finish converting until that lien is released or the payoff is documented.
Converted: the home travels in the deed to the land
If the affidavit of affixation is on file, the statute settles how the home is sold. It is conveyed only as real estate, which means it goes with the land in the deed rather than on a separate DMV title.
The proof is in the land records of the circuit court for the locality where the land lies. The records a title search reads are the same records where that affidavit would have been filed. For Carroll County parcels that is the Clerk of the Circuit Court at 605-1 Pine Street, A230, in Hillsville, and how a deed itself gets recorded there is laid out in where to record a deed in Carroll County.
Two neighboring questions have their own answers. Virginia's Residential Property Disclosure Act applies to transfers of residential real property of one to four dwelling units, and whether its statement is needed on a particular sale is covered in does Virginia require a seller disclosure. How a lender or an appraiser treats the home is the lender's call; the wider financing question is taken up in whether land can be bought with a regular mortgage.
Still titled: the home has paperwork apart from the land
If DMV holds an active title, the home either was never made part of the land under 46.2-653.1 or was later severed and retitled. It can sit on the same acreage for years and still carry that separate title.
The land is conveyed by deed, while the home's title is a DMV record. How the two are put together at settlement, whether converting before a sale makes sense for a given owner, and whether the Disclosure Act reaches the sale of a titled home are questions for a Virginia real estate attorney.
Five records to pull, and who keeps each one
The open questions about a manufactured home on land are answered by records, and no single office keeps all of them.
| Question | Record | Where to ask |
|---|---|---|
| Does the home still have a title? | The certificate of title and its status | Department of Motor Vehicles |
| Is a loan still recorded on that title? | The recorded security interest, and any release or proof the loan was satisfied | DMV and the secured party |
| Was an affidavit of affixation filed? | The land records | The circuit court clerk where the land lies (Carroll County: 605-1 Pine Street, A230, Hillsville, 276-730-3070) |
| How is the home assessed and taxed? | The assessment record | The locality's commissioner of the revenue |
| May the home stay where it is, or be replaced? | The zoning or placement rules | The county planning office |
The placement question has its own page: can a manufactured home go on land here. A title question found late, after a buyer is already under contract, is one of the ways a sale stalls, and other reasons are discussed in why some land listings sit for years. When the land and the home are ready to go to market, the process is on the sell your home page.
Selling a manufactured home and the acreage under it?
Send the road, the acreage and whether the home still has a DMV title. Lowell will talk through how the sale is likely to come together and which records to pull first. No cost, no obligation.
Got it. Thank you.
We'll be in touch shortly with an honest read.
Questions this raises
What if a loan is still recorded on the manufactured home's title?
DMV will not cancel the title of a manufactured home while a security interest recorded on it has not been released by the secured party. If there is no lien release, documentation showing that the loan has been satisfied is accepted as proof of release. Until one of those is in hand, the conversion to real property cannot get past the DMV step.
Can a converted manufactured home ever be titled again?
Yes. Under Va. Code 46.2-653.1 C, if the owner of a home whose title was canceled later seeks to sever the home from the real property, the owner may apply for a new certificate of title under that section. Until the home is physically severed and retitled, it is conveyed and encumbered only as real estate.
How can I tell whether an earlier owner already converted the home?
Check two records. DMV can tell you whether a certificate of title is still active for the home, and the land records of the circuit court where the land lies would hold an affidavit of affixation if one was filed. For Carroll County land, that is the Clerk of the Circuit Court at 605-1 Pine Street, A230, Hillsville.
Where this page's facts come from
Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.
- Va. Code 46.2-653.1, conversion of a manufactured home to real property Virginia General Assembly
- Va. Code 46.2-100, definitions (manufactured home; Department) Virginia General Assembly
- Va. Code 46.2-653, permits for oversize manufactured homes and titling within 30 days Virginia General Assembly
- Va. Code 36-85.3, the Title 36 definition of manufactured home Virginia General Assembly
- Va. Code 55.1-701, applicability of the Residential Property Disclosure Act Virginia General Assembly
- Clerk of the Circuit Court: address and phone Carroll County Circuit Court