The homeowner’s guide to land use laws

Real estate, Money

This article originally appeared on Zillow

Land use law is a huge library of legal doctrine dating back centuries, covering everything from water and mineral rights to real estate planning and zoning. But how do these laws impact the average urban, suburban or rural homeowner, and what sort of liability could someone face if they accidentally or purposefully violated local land use laws?

What exactly is land use law?

The term refers to the body of real estate law that regulates the development and conservation of privately owned land. Government properties are not subject to land use restrictions.

Land use laws are controversial because the U.S. Constitution guarantees our liberty, which has always been interpreted to include the free use and control of one’s land. However, land use regulations have become increasingly necessary to curtail the environmental impact of growing populations, and to maintain order in certain urban and suburban areas.

What is an example of a land use law?

While many land use regulations are complex, interwoven labyrinths of local, state and federal laws, planning and zoning legislation is one type of land use law familiar to most people. These laws ensure that businesses are built in one area, residences in another — and that gentlemen’s clubs stay on the outskirts of town.

Read the full guide on Zillow to learn about:

  • Are land use laws different from deed restrictions?
  • What should urban residents know about farming and land use regulation?
  • Am I allowed to add a mother-in-law suite to my home?
  • What does the term ‘attractive nuisance’ mean?
  • What are the penalties for ignoring land use laws?