Griffith v. Ames, [Ms. 2110115, Sept. 7, 2012] __ So. 3d __ (Ala. Civ. App. 2012). Beverly
Ames sued her brother Michael Griffith for sale for division of real property
they jointly owned. Griffith objected and requested equitable partition.
The trial court granted relief to Ames, held that a mobile home on the
property had become a fixture, and ordered sale for division. The Supreme
Court reversed the holding that the mobile home had become real property,
because Griffith had renewed the certificate of title to it in 2011, and
the Supreme Court had previously held that a mobile home is personal property
unless and until the certificate of title is canceled. The Court affirms
the denial of Griffith's request for equitable partition, even though
part of the basis for that ruling was the presence of the mobile home
on the property. The property fronts in part on Lake Martin and in part
on a slough leading into the lake. Division of the property in half would
give one owner access only to the slough and the other owner access to
the lake, and the Court held that this fact was sufficient to sustain
the denial of the request for partition in lieu of sale for division.
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