Deed Restriction clause

[Rey]

Hi all, I am about to 2nd close on the deal and had 1st close on the property. The previous land owner and the realtor had said and the realtor, even posted, the property to be unrestricted and a mobile home is allowed, (they've changed it since onthe web on an adjacent property). My manufactured home dealer is looking into it. I am told there is no HOA governing the property, yet the neighbor told me he tried to put in a MH and was given slack by the neighbors and adjacent community HOA, refering to the deed restrictions stating, "No trailer homes,tin shacks or any out buildings for residents".
If the Dealer can get the permit, will I be liable for penalties down the road, and by whom, the county, school district ...etc? Is the dealer liable down the road?
Also another restriction is of the requirement,(deed restriction) of " All buildings shall be enclosed to the ground by either brick or stone to be completed at time of construction" Since brick does nothing to MH structurally,as a cosmetic alternative, can I use skirting (brick or stone designed, or even Hardi plankl if they have such design and be within specs of the deed?

[jgn]

If the deed restriction states no trailors, and does not mention manufactured homes, pre-fab or homes built off site, I would assume you are covered, sounds like they don't want anyone living in a travel trailor. For the price of a real estate attorney you will sleep much better and unless the dealer intentionally misrepresented the product he would have no liability. With the skirting, looks like your hooked.

[Mark]

Your local zoning and planning board has the final say on what can go where.
Take the legal description of the property to them, and ask. I guarrantee you when they said 'no trailers', they mean mobile home, manufactured home or whatever other name you want it to go by.

This by the way, is something you should have done before signing any paperwork, and an ethical dealer would have told you so.

[Clarence Yeary]

Rev,

I agree with Mark. They mean manufactured homes!! This sounds like a RESTRICTED subdivision and they want "stick built" houses only. There are plenty of subdivisons aorund here with the same restrictions due to the myth that mobile homes will lower the value of their property. I promise you that you are looking for trouble if you proceed. Be safe and check with a real estate attorney with this. The restrictions should be filed in the county court house.

Best of Luck
Clarence

[Rey]

The debate of mobile home and Manufactured home can be a lengthy one at that, but there are distinct characteristic between the two types, trailer homes are hitchem up and go and they have no HUD restrictions when made before 1986. Manufactured homes have inspections at the homebuilding factories and have now similar features you would find at a stick home, (underframing) and they are built on steel beams.As far as the land the zoning in the tax records show the subdivision to be U/R, and the title is free of HOA governance. The deed restrictions were not made available until after the 1st closing. In the neighborhood there are other MH down the road, and they are still there after about 1yr and a 1/2 after constuction. This zoning and planning board is at the title company or is it at the courthouse? Is it elected officials of a city council? Can I a resident be able to ask this council to clarify this restriction?

[Mark]

I asure you, when they worded it, they meant to include ALL non permanent structures, regardless of when they were built or what name they are going by.

A trailer or mobile home is the same, legally, as a manufactured home. The housing industry simply renamed it in an effort to improve it's image and had nothing to do with any codes or standards, it was simply a PR move.

As far as there being other MH's, doesn't matter, they may have been placed before the zoning restrictions were put in place.

The Z&P office is usually in the same building as the building permit office and is a goverment office.

You should have gotten Z&P approval, a building permit and an enviromental permit before anything was done.

For the skirting, if it says brick or stone, it means brick or stone, not plastic made to look like brick or stone.

I wouldn't sign any more paperwork until you get this straightened out and in writing from a county official or three!

That being said, you might be able to put a modular home in, though it may require removal of the frame to be accepted.

[Kevin C]

Is it possible for this person to get a waiver on the deed restriction? If so, how would one go about it?

[dan]

First, there is a difference between a mobile home and a manufactured home, it was not "just a PR move". When standards of construction were placed on the industry in 1976, mobile homes because manufacutred homes.
Trailers have no place in the housing discussion.

I might think that the law would vary from state to state but, in my experience in New York state, a deed restriction is not a matter that is taken up by planning boards, zoning officers or any other "officials".

In my experience, if no one complains, nothing will be done. But,I would guess that if you place the home on property and someone brings up the issue, you could end up in court and if you lose you would be made to remove the home.

[Rey]

Who would object? A neighbor or a governing body and which entity? if a neighbor even down the street, complains, what jurisdiction do they have over my fee simple property.? If its a HOA can they be governing adjacent subdivisions.( behind my property line is a subdivision line). In this experience you had, was a precedent in a court case set? If so where (website or other) can I find this info from the public info act?

[Mark]

Sorry, but it was a PR change..

Here's the lit directly from Fannie Mae...

"In the 1950's, the mobile home industry began to call a house trailer a mobile home to denote the reality that the trailer had become a permanent residence for many. As time passed, the industry no longer felt the term "mobile home" conveyed the image it wanted, and in 1975, the Mobile Home Manufacturers Association changed it's name to the Manufactured Housing Institute. By 1980, The Manufactured Housing Institute had successfully lobbied Congress to mandate the "the term mobile home be changed to manufactured housing in all federal law and literature" (Wallis 1991, 220). Despite this mandated change in the law, the general public continues to use the term mobile home."

That should put that to rest..

As for the deed restriction, I couldn't say, other than to consult the Z&P board, regardless of what your deed says, the Z&P can still forbid you from placing a structure there.

Why anyone would purchase a property that the seller is dicating what you can do with it is beyond me. At least a Z&P decision can be appealed.