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REAL ESTATE LAW
In November 1991, Charles and Rosa Parker were married. Shortly thereafter they purchased a manufactured home (mobile home) as joint tenants. The home was placed on real estate owned solely by Charles. The axles and wheels were removed and it was place on a permanent cinder-block foundation. Subsequently, Charles died and a dispute arose over whether Rosa or Charles’s children by a previous marriage were entitled to the manufactured home. If the home is real property, the children will succeed, but if it remains personal property, Rosa will keep the home. The state has a statute stating that the owner of a mobile home may convert it to real property by attaching it to a permanent foundation owned by the manufactured home’s owner and if removal of the transporting apparatus makes it impractical to reconnect it to the manufactured home. The common law of the state uses the traditional three-pronged test to identify a fixture. Who is entitled to the mobile home? Explain.
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