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Thread: Deed restrictions and mobile homes

  1. #1

    Deed restrictions and mobile homes

    I don't know if any of you have heard of such. My wife and I purchased 10 acres of land and put a manufactured home on it. About one month before closing on the land we found out from the owner that there was a restriction on the land against mobile homes and house trailers. We talked to all of the surrounding land owners about this and all but one said no problem. He didn't even want to talk about it. I attempted to set up a personal meeting with him and he didn't want to make the effort. Well, the more I thought about it the more I decided to go ahead and do it. After reviewing all of the paper work nowhere does it say "mobile home" or "housetrailer". We also talked to a friend in real estate and he said if we had it bricked up with concrete footers we could resale as a land house real estate transaction. We did that. We have no intention to move and are planning to start building a site built home in 5 years on the same 10 acres of land. Anyway we just got papers for small claims court from this same gentleman. There are no other houses in sight of ours. You can't see a road. It's on a dead end street. There are only 4 residents on the way to our house, (which is via a dirt, usually mud road). Two of those being family members, and, also two being "housetrailers". (singlewides)
    We have worked really hard and already feel we have the nicest looking yard and were stuck back in the woods.
    This guy wants us to move our home, when there is nothing moveable about it. If anyone out there has ever heard of such, please let me know.

  2. #2

    Deed Restrictions.......A Strange Twist

    Nothing strange about this. Deed restrictions concerning mobile homes are quite common. But like all deed restrictions, their applicability depends on all sorts of different factors. (Just because somebody wrote it in the deed doesn't mean it will always stick.) You really should have had a good attorney check this out before investing in a mobile home. Anyway, you'd better go see one right away.

  3. #3

    Deed Restrictions.......A Strange Twist

    Deed restrictions are mostly binding, and they go with the land. No matter what zoning laws are put into place at a later date, a deed restriction will always take precedence.

  4. #4

    Deed Restrictions.......A Strange Twist

    I'd be interested to find out what state you live in. You'd be surprised how many state courts have rendered such deed restrictions void with a finding that contemporary manufactured homes are not "mobile homes" and are certainly not "trailers" as envisioned by the restriction. Don't want to raise your hopes too much, but all is not necessarily lost just yet.

  5. #5

    Deed Restrictions.......A Strange Twist

    Check your state laws through your attorney.

    In many states, private deed restrictions are only enforceable
    by private parties - not the municipality.

  6. #6

    Deed Restrictions.......A Strange Twist

    In Indiana there is a legal difference between a mobile home & a manufactured home. You cannot legislate against a manufactured home. It must be treated as a "stick built" home.

    Your state may have similar rules. Get a lawyer is my advice.

  7. #7

    Deed Restrictions.......A Strange Twist

    It is not uncommon at all to have deed restrictions banning mobile homes, however you describe yours as a manufactured home. You'll need to check the regulations in your state, but here in South Carolina there is a difference between the two. A mobile home must be built to HUD standards while a manufactured or modular home must be built to Southern Standard Building Codes and as such must be given the same consideration as a stick built house.

  8. #8

    Deed Restrictions.......A Strange Twist

    Steve,

    I'm in the same situation in Indiana. Where did you get the information on the difference between manufactured and mobile homes. My subdivision restriction state only "No Mobile Homes"

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