Do I have any rights to the specific homesite where my manufactured home sits if the land title is jointly owned? – North Carolina

Short Answer

In North Carolina, joint owners (cotenants) generally each have the right to enter, occupy, and use the whole property, but that does not automatically create a legal right to a specific, exclusive “homesite” area just because a manufactured home sits there. Exclusive rights to one portion of jointly owned land usually come from a written agreement, a court order (often through a partition case), or proof of an actual ouster by another cotenant. If another cotenant blocks access or tries to force removal, the remedies often involve partition, injunctive relief, or an accounting—depending on the facts.

Understanding the Problem

Under North Carolina partition and cotenancy rules, the decision point is whether a joint owner can claim a legal right to keep using one specific spot on jointly owned land as a permanent homesite for a manufactured home. The key issue is whether the joint ownership includes any exclusive right to that particular area, or whether each owner’s rights remain shared across the entire tract unless the owners agree otherwise or a court allocates rights as part of a partition process.

Apply the Law

North Carolina treats most “jointly owned” land situations as cotenancy, meaning each owner has a present right to possess and use the property, subject to the equal rights of the other owners. One cotenant’s possession is generally treated as possession for all cotenants unless an actual ouster occurs. If cotenants want one person to have exclusive use of a defined homesite (for example, the pad, driveway, and yard area around a manufactured home), they typically need a clear agreement or a court order (often in a partition action) that sets that arrangement.

Key Requirements

Cotenancy possession rights: Each cotenant generally has a right to enter and use the property, but that right is shared and not automatically tied to a particular slice of land.
No automatic exclusive homesite: Using one area for a home may be allowed as a practical matter, but exclusive rights to that area usually require agreement or a court decision.
Actual ouster changes the analysis: If another cotenant actually blocks a cotenant from access or possession, specific remedies can apply, and claims involving rents/profits or accounting may become relevant depending on who benefited from the property.

What the Statutes Say

N.C. Gen. Stat. § 41-83 (Possession of property held as cotenants) – States that each cotenant may occupy and use the property subject to the other cotenants’ rights, and that one cotenant’s possession is generally the possession of the others unless actual ouster occurs.
N.C. Gen. Stat. § 41-87 (Modification by agreement) – Allows cotenants to make agreements about possession, sharing benefits, and reimbursement issues related to the property.
N.C. Gen. Stat. § 41-88 (Actual ouster; action to compel admission) – Provides a remedy when a cotenant claims actual ouster by another cotenant and seeks to be admitted back into possession.
N.C. Gen. Stat. § 41-85 (Rents and profits from property held as cotenants) – Addresses proportional sharing of certain rents and profits and allows actions for an accounting when one cotenant has received more than their share.

Analysis

Apply the Rule to the Facts: No additional facts are provided, so the practical answer turns on one variable: whether the other joint owner(s) agree that the manufactured home area is reserved for exclusive use. If there is no agreement or court order, the law generally treats the homesite area as part of the jointly possessed land, even if one cotenant placed a manufactured home there. If another cotenant tries to use that same area or demands relocation, the dispute often becomes a partition or ouster problem rather than an automatic “homesite right.”

Process & Timing

Who files: Any cotenant seeking a defined, enforceable outcome (such as keeping a particular area, forcing sale, or forcing division) may file. Where: The Superior Court in the county where the land is located in North Carolina. What: A partition action (and, depending on the dispute, related claims such as injunctive relief or accounting). When: There is no single universal “days” deadline to file partition; timing is usually driven by practical risk (like threatened lockout, threatened removal, or an impending sale/refinance).
Next step: The court determines the ownership interests and the proper partition method (division in kind if feasible, or sale if not). If a cotenant claims exclusion from use, the court may also address whether an actual ouster occurred and what interim access rules should apply.
Final step: The court enters an order that resolves the cotenancy—either by physically dividing the land into separate parcels (if appropriate) or by ordering a sale and distributing the net proceeds according to each owner’s share, with adjustments when legally available (for example, for certain shared benefits or reimbursements supported by evidence).

Exceptions & Pitfalls

Written agreements can control: If the cotenants signed an agreement about who gets the homesite (or about exclusive possession), North Carolina law generally allows that kind of arrangement, and it can change the outcome.
“Manufactured home” issues can be separate from land rights: Ownership of the manufactured home itself may differ from ownership of the land beneath it. Disputes sometimes turn on whether the home is treated as personal property or treated like part of the real estate under the parties’ documents and facts.
Confusing “exclusive use” with “exclusive title”: Paying for improvements, living on the land, or maintaining the homesite does not automatically transfer title to that portion of the property. Those facts may matter in partition accounting or reimbursement arguments, but they usually do not create a deeded homesite by themselves.
Ouster requires proof: A disagreement or tension between cotenants is not always an “actual ouster.” Ouster usually involves real exclusion from possession (for example, changing locks, blocking access, or refusing entry after demand).
Informal boundaries cause problems: Verbal “that area is yours” arrangements often break down later. Without a written agreement or a court order, enforcement can be difficult.

Conclusion

In North Carolina, joint ownership usually gives each cotenant the right to use the whole property, but it usually does not give an automatic legal right to one specific homesite simply because a manufactured home sits there. Exclusive rights to a defined homesite typically come from a written agreement among the owners or a court order, often entered in a partition case, and an actual ouster can trigger additional remedies. The practical next step is to file a partition action in the Superior Court where the land is located if the cotenants cannot reach a written agreement.

Talk to a Partition Action Attorney

If you’re dealing with a dispute over a manufactured home’s homesite on jointly owned land, our firm has experienced attorneys who can help explain options like negotiated possession agreements, partition, and remedies when someone is being excluded. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.