Q: Do I need to abide by a 50-year-old deed restriction on mobile homes in TN?
I recently purchased a manufactured home with the intention of placing it on my mother's land in Tennessee. I have a legal waiver signed by her permitting the placement of the home and have obtained the necessary septic permit. The home was delivered by the home center yesterday. A neighbor informed me that there might be a deed restriction against mobile homes. Upon reviewing the deed, it does indeed state a restriction on mobile homes, placed by the original landowner who has since passed away. This restriction is over 50 years old. The land was divided into five tracts and sold, and my mother's tract has changed hands a couple of times. There are no other mobile homes on the original five tracts, though there are some in the surrounding area. Do I need to abide by this restriction, or considering its age and the passing of the originator, am I allowed to keep the home there?
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A: If you place the mobile home there, you take an extreme risk of a nearby property owner suing you and your Mother for a mandatory injunction to remove it. Arguably there is no SOL on enforcing such a covenant that was created on all parcels from the original tract. Sorry but you should have searched the title prior to the home purchase. Getting a waiver from your Mother was meaningless. You need all affected nearby landowners to rescind the covenants that run with the lands of record, which they probably will not do. Best find other property or leave the wheels under the home, no skirting and only temporary hookups. Otherwise get rid of a home you cannot use.
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