So when is a modular home not a mobile home?

According to a recent Tennessee Supreme Court decision they’re pretty vastly different.

Williams v. Fox, (Tenn., March 15, 2007)

“The Tennessee Supreme Court held 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, they become part of the property as a permanent improvement to the real estate similar to a “site built” home.”

In the Fox case cited above the area’s restrictions only mentioned mobile home; they did not specifically reference modular homes. Apparently the developer just lumped them all together.

Our legal eagles say that if modular homes had been specifically excluded then that restriction would likely have been upheld.

This ruling only serves to differentiate between mobile homes and modular homes.