Land Use Controls and Regulations
Government and private parties both limit how land may be used. This chapter explains public controls such as zoning and the police power, and private controls such as deed restrictions and easements. Licensees must understand these limits because they affect value, marketability, and what a buyer can lawfully do with a property.
Public Land Use Controls
Governments regulate land through the police power, the authority to protect public health, safety, and welfare. Zoning ordinances divide land into districts and set permitted uses, densities, setbacks, and heights. When strict zoning creates hardship, an owner may seek a variance, and a nonconforming use may continue if it predated the zoning change. Building codes and subdivision regulations add further public controls.
Private Controls and Easements
Private restrictions include deed restrictions and covenants, conditions, and restrictions (CC&Rs) commonly imposed by developers and homeowners associations. An easement grants a right to use another's land, such as a utility or access easement, and runs with the land in many cases. An encroachment occurs when an improvement extends onto a neighbor's land. These private interests can limit use even when zoning would otherwise permit it.