Deed restrictions state a building cannot be moved onto property. What kind of buildings does that include?

I have a contract on a property and I am
looking to put a modular home on it. The
deed restrictions state,’nor shall any
building or structure be moved upon the
premises’. Would a modular home be okay?

Asked on October 5, 2017 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, based on what your write, a modular home would not be okay. A modular home is still a building or structure, even if it is not constructed entirely on-site, the way home used to be (pre-modular homes). A trailer home would also not be okay: once is affixed to the site (wheels taken off, put on a slab or foundation or pad, plumbing & electric hooked up, etc.), it, too is a "building or structure." Ignore how the thing is built: if by any reasonable definition, it is a "building or structure," the restriction you cite prevents it. An RV or the like could be parked there, because it remains a vehicle, not a structure or building.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.