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The term "land" is defined in the Conditions and Stipulations section of the Texas Owner and Mortgagee title insurance policies as follows:
(d) "land": the land described or referred to in Schedule A, and improvements affixed thereto that by law constitute real property. The term "land "does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy.
The Residential Owner policy defines "land" as:
e. Land. The land or condominium unit described in Schedule A and any improvements on the land that are real property.
In certain cases, the determination as to whether a house or dwelling unit located on the land constitutes real property may not be an easy task.
While those houses or dwelling units that are totally built on the land present no problem in qualifying as real property, those completely built outside the land do present some serious difficulties in order to have them divested of their condition of personal property and have them qualified as part of the land.
In general terms, out-site housing can be grouped as follows:
Effective date January 1, 2008.
Changes/actions required: This provision does not dispense with the duty to promptly handle all SOL requests in a timely fashion. On the other hand, when a property has been foreclosed and the lender or servicer provides you with an SOL on the manufactured home involved in your transaction, you may consider the home to be real property and handle it in accordance with normal practices.
See also Texas Bulletin TX2013006 – LEGISLATIVE UPDATES 2013 Part I relating to extinguishment of tax liens on manufactured homes.
Exception: The land described in this (commitment) (policy) does not include any manufactured housing unit on the subject property.
Upon request of a lender, the underwriting requirements of this section and the payment of the premium as set out in R-11(e) of the Texas Title Insurance Basic Manual, you may issue either or both the T-31 and T-31.1 Endorsements. A T-31.1 can be issued to both owner and lender.