If a deed restriction that says no manufactured homes can be placed on the property, can you you put a mobile home on a foundation and be in compliance?

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If a deed restriction that says no manufactured homes can be placed on the property, can you you put a mobile home on a foundation and be in compliance?

We want to purchase this land that had the deed restriction but we do not want to build a home. If we put a manufactured home on a permanent foundation does it change the home classification making it acceptable in terms of the deed? What about a modular home, is it classified as a manufactured home?

Asked on August 30, 2012 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There is no way to answer the question in the abstract: what is and is not allowed will be governed by the precise language of the deed restriction, past precedent in your state on similar restrictions (which will help understand how terms like this are interpreted), and the exact nature of the home(s) you propose to place there. You need to take the deed to a real estae attorney to review with you; bring all all the specs of any homes you think you'd like to build so the attorney can review those with the home specs in mind. Given the cost of buying land and putting even modular homes on land, it's well worth the investment to hire an attorney to make certain of what you can do.


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