Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2014
 

Property Tax Annotations


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C

220.0000 CHANGE IN OWNERSHIP

Annotation 220.0349.005

220.0349.005 Leases. The installation of a manufactured home, eligible for the homeowners' exemption, on a permanent foundation on leased land results in a change in ownership of the land, because the lease is conclusively presumed to have written renewal options of at least 35 years under Revenue and Taxation Code section 61, subdivision (c)(1), even if the lessor and lessee entered into a month-to-month tenancy or the executed lease agreement specifically provides a lease term of less than 35 years. Similarly, the transfer of a manufactured home eligible for the homeowner's exemption, and the assignment of the leasehold interest in the land on which the manufactured home is affixed on a permanent foundation results in a change in ownership.

However, if a manufactured home affixed on a permanent foundation is not eligible for the homeowners' exemption, the creation or assignment of a leasehold interest in the land for a term of less than 35 years does not result in a change of ownership because the presumption under section 61, subdivision (c)(1), does not apply. C 12/22/2004.