North Cherokee Village Membership v. Murphy

We are asked to decide whether a restrictive covenant banning "house trailers and tents” can be interpreted to include within its prohibition the placement of a "double-wide” mobile home on appellants’ lot.

Appellants’ deed, like those of all other property owners in the North Cherokee Village subdivision, contains the following restrictive covenant:

*594"No house trailers or tents allowed on subdivision.”

Aware of the restriction, appellants consulted their real estate agent and township officials to ask whether a "double-wide” mobile home would fall within the language of the covenant. In…