Legal Question in Real Estate Law in Nebraska

Real Property or Chattel

Can an uninstalled, modular building be considered chattel instead of real property? Our bylaws indicate real property must be approved by two-thirds of our constituency. Is it possible to purchase an uninstalled modular building as chattel so as to avoid the necessity of a vote of the constituency?


Asked on 12/21/07, 11:51 am

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: Real Property or Chattel

Probably not a good idea. Generally, a modular building is purchased with the intent of placing it on real property at some point. Once it is affixed to the property,it too becomes real property. Your suggestion is analogous to saying you didn't buy a house, you bought some pieces of lumber, bricks, and a few pieces of pipe that happen to be in the shape of a house. A very weak argument. It would be far safer to get the two-thirds vote. If you feel compelled to proceed without the vote, hire an attorney before you make any commitments to advise you further.

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Answered on 12/21/07, 12:26 pm


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