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property covenants
Posted: Wed Apr 02, 2003 3:24 pm
by Graham Dell
Many covenants written in the '60s forbid "mobiles or trailers" to be used on the property. Does the use of a manufactured home violate this covenant?
Re: property covenants
Posted: Wed Apr 02, 2003 4:28 pm
by Bill Fry
Thats a gray area.A mobile hole home by legal definetion is a pre HUD home(built prior to 1976)A manufactured home is a HUD home built after 1976.It would depend on how a court defined your written covaenants I would guess.
Re: property covenants
Posted: Wed Apr 02, 2003 10:13 pm
by JohnnyJ
As an example, the covenant I use on the property that I am selling states
that only a site built home or a doublewide manfactured home may be placed
on it for occupancy.
It's concise and to the point. So far everyone that has read it has understood.
Re: property covenants
Posted: Thu Apr 03, 2003 8:37 am
by rmurray
Interesting question...You should check with a real estate attorney in your area about these definitions...
I just had a case where the original developer said NO home that came on wheels...my customer successfully defeated this requirement because it made no sense...since the stick built homes in the area all were delivered by lumber company trucks and assembled on the land...judge found there were no homes in the subdivision that did not come on wheels..