Land Use Controls and Regulations
Both government and private parties limit how land is used. This topic covers zoning, variances, eminent domain, and private restrictions and easements.
Zoning, Variances, and Public Controls
Under police power, governments enact zoning to separate incompatible uses and protect public welfare. A variance permits a specific deviation from zoning rules to relieve an unnecessary hardship, while a conditional (special) use permit allows a listed use under conditions. Nonconforming uses that predate a zoning change may continue. Eminent domain lets government take property for public use with just compensation.
Easements, Restrictions, and Encroachments
Private controls include deed restrictions and restrictive covenants that limit use within subdivisions. An easement grants a right to use another's land, such as for access or utilities; an easement appurtenant benefits a neighboring parcel, and an easement in gross benefits a person or company. An encroachment is an unauthorized intrusion of an improvement onto adjoining land.
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