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Published: June 23, 2011
Author: Robert Procter
The
Wisconsin Builders Association Hot Line is a service provided for the
Wisconsin Builders Association by Axley Brynelson. Legal Hot Line
answers should be considered a general statement of applicable legal
information. Given this format, it is impossible to fully address all
potential legal issues which might apply in any particular situation. A
determination of any individual's legal rights in a transaction can only
be obtained after a complete analysis of the law and its applicability
to the particular fact situation. Please contact the attorney if additional information is needed, or private counsel, if legal advice
is needed.
What is the Legal Definition of a "Raised Ranch" Home?
A: For purposes of interpreting the term “raised ranch” in a neighborhood’s restrictive covenants, a court would use the rules of contract construction. These rules require the court to ascertain the true intentions of the parties as expressed by the contractual language. In other words, a court would try to determine what the parties that drafted the covenant intend “raised ranch” to mean.
If a term is defined in the contract, by case law or common usage, the court will use that specific definition. Unfortunately, the term “raised ranch” is not defined in Wisconsin case law. So the next step is to determine whether “raised ranch” has a common usage. To determine the common usage of a term we usually look to the dictionary.
Dictionary.com defines a “raised ranch” as an American domestic architectural style of house with a long, close-to-the-ground profile and a finished basement that is partly or completely above ground. While this may be a working definition, determining whether a specific home or design is a raised ranch may be difficult.
The website splitlevel.net explains that:
“Of all split level homes, the Raised Ranch is the most uncommon -- as well as the name most commonly misused! The majority of homes that are called ‘raised ranch’ by the average developer or real estate agent are actually bi-levels. Often when a house looks like a two-floor version of a ranch, the name ‘raised ranch’ is applied. But usually this is misleading.
The true test to determine if you actually have a raised ranch is this: If you walk in the front door, and then have to climb an entire flight of a dozen or more steps to reach the main living floor (living room, kitchen, etc.), you're in a raised ranch. The ‘foyer’ or entry area is on the ground floor, and the living area is one flight up.”
The above definitions establish that the term “raised ranch” is ambiguous when it applies to a specific home or design. Contract language is considered ambiguous if it is susceptible to more than one reasonable interpretation. The definition of “raised ranch” depends on the person using the term and may include all bi-level ranch homes or a specific type of bi-level ranch home. If the issue of whether a house was or was not a “raised ranch” was litigated, it would likely require expert testimony from residential architects.
Accordingly, if we were to advise someone how to approach restrictive covenants relating to “raised ranch” homes, we would advise a homeowners association to use a reasonable definition of “raised ranch” that is consistent with the intent of the covenants. We would strongly encourage the homeowners association to work with a homeowner that is affected by the restriction because there is no definitive definition.
For more information about the Wisconsin Builders Association Hot Line, contact Robert Procter at 608.283.6762 or rprocter@axley.com.
Axley Brynelson is pleased to provide articles, legal alerts, podcasts and videos for informational purposes, but we are not giving legal advice or creating an attorney/client relationship by providing this information. The law constantly changes, and our publications may not be currently updated. Before relying on any legal information of a general nature, please consult legal counsel as to your particular situation. While our attorneys welcome your comments and questions, keep in mind that any information you provide us, unless you are now a client, will not be confidential.
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