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


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.

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