Guest prl Posted June 8, 2019 at 03:49 PM Report Share Posted June 8, 2019 at 03:49 PM One of our covenants reads as follows: "No tent, trailer, mobile home, or temporary type of structure of any kind shall be placed or used upon any part of the premises at any time. The grantee agrees to remove any such tent, trailer mobile home or temporary structures......" Question is does the rule apply to trailers or just trailer mobile homes??? Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted June 8, 2019 at 04:47 PM Report Share Posted June 8, 2019 at 04:47 PM This is a question for an attorney, not a parliamentarian. Parliamentary procedure has nothing to say about the language of real covenants or equitable servitudes. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted June 9, 2019 at 12:57 PM Report Share Posted June 9, 2019 at 12:57 PM I think it's more of a grammar question. I interpret the provision as prohibiting both trailers (of all kinds) and mobile homes. The comma between "trailer" and "mobile home" is the key. Perhaps it's ultimately a legal question, but it involves the rules of grammar and punctuation. Quote Link to comment Share on other sites More sharing options...
Chris Harrison Posted June 9, 2019 at 02:16 PM Report Share Posted June 9, 2019 at 02:16 PM There is also a comma missing after "home" in the second sentence. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted June 9, 2019 at 02:19 PM Report Share Posted June 9, 2019 at 02:19 PM 1 hour ago, Richard Brown said: I think it's more of a grammar question. I interpret the provision as prohibiting both trailers (of all kinds) and mobile homes. The comma between "trailer" and "mobile home" is the key. Well, yes - and courts have decided several cases of misplaced commas in legal texts, not always in the way a grammar expert might. So I don't think our efforts to figure out the meaning from the syntax would be as useful as those of a lawyer experienced with what courts in the jurisdiction have done with misplaced commas in deeds. I think they'd likely be misleading, in fact. Quote Link to comment Share on other sites More sharing options...
J. J. Posted June 9, 2019 at 02:41 PM Report Share Posted June 9, 2019 at 02:41 PM Grammatically, the first line means " trailer," and "mobile home," one that is either. The second line says " trailer mobile home," so is there a definition of a such a thing. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted June 9, 2019 at 02:49 PM Report Share Posted June 9, 2019 at 02:49 PM 1 hour ago, Richard Brown said: I think it's more of a grammar question If the use of commas in the two sentences were consistent, I might agree with you, Richard (however, Google Oakhurst Dairy to see that even that can be an expensive legal issue). But the fact that the two sentences are not consistent means I agree with Mr. Katz. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted June 9, 2019 at 03:48 PM Report Share Posted June 9, 2019 at 03:48 PM (edited) 1 hour ago, Atul Kapur said: If the use of commas in the two sentences were consistent, I might agree with you, Richard (however, Google Oakhurst Dairy to see that even that can be an expensive legal issue). But the fact that the two sentences are not consistent means I agree with Mr. Katz. Ahhh, ok... I misread the original post and did not catch the fact that both sentences are part of the rule. However, my opinion remains the Same. Although it is ultimately a legal question, it depends mostly on the rules of grammar and punctuation. I think the rule was clearly intended to prohibit trailers and mobile homes. I think the emission of the in the last sentence is a typographical or punctuation error. The rule makes sense only when interpreted to prohibit both trailers and mobile homes. Edited to add: if I'm on the board of directors of the homeowners association, my interpretation would be that trailers are prohibited. Take us to court if you disagree. Or if you refuse to remove your trailer we will take you to court. Edited June 9, 2019 at 03:54 PM by Richard Brown Added last paragraph Quote Link to comment Share on other sites More sharing options...
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