Change in the Law regarding Restrictions on Mobile Homes/Modular Homes Continued
27-Apr-2007
In Williams v. Fox, (Tenn., March 15, 2007), the Supreme Court held that a modular house was not prohibited by a restrictive covenant banning mobile homes. The Tennessee Supreme Court ruled that unlike a mobile home or house trailer, a modular home is not built on a permanent chassis, and for that reason, it is not able to be readily moved to another location once installed or erected. Moreover, while mobile homes are titled as vehicles, modular homes are not. Once delivered and erected on the property, the become part of the property as a permanent improvement to the real estate similar to a "site built" home.