Land Use Controls and Regulations
This topic covers government controls such as zoning, nonconforming uses, and eminent domain, and private controls such as easements and restrictions.
Zoning and Nonconforming Uses
Zoning is an exercise of police power that separates land uses to protect public welfare. A legal nonconforming use is one that was lawful before a zoning change and may generally continue, though expansion or rebuilding may be limited. A variance allows a specific deviation for hardship, and a conditional use permit allows a listed use under conditions. Eminent domain lets government take land for public use with just compensation.
Private Controls
Deed restrictions and restrictive covenants limit use within a development. An easement grants a right to use another's land, such as for access or utilities; it may be appurtenant (benefiting a neighboring parcel) or in gross (benefiting a person or company). Encroachments occur when an improvement crosses a boundary line, which can affect marketable title.