Wilmoth v. Wilcox

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the restrictive covenant’s prohibition of “house trailers” applied to mobile home and manufactured homes
• explaining that if there is ambiguity or doubt as to intent, a restrictive covenant is to be strictly construed against the party seeking to enforce it and in favor of the free and unrestricted use of the premises
• noting in the late 1970’s, the industry began using the term “manufactured home” instead of “mobile home”
• requiring ambiguities to “be resolved in favor of the free and unrestricted use of the premises” and restrictive covenants to be construed strictly against the party seeking to enforce them
• when construing restrictive covenants, all doubts are to be resolved in favor of free use of land
• “The words used in the restriction, and the restriction as a whole, may not be enlarged, extended, stretched or changed by construction.”

Source: CourtListener parenthetical corpus (CC0).