Government & Private Controls
Real Estate Land Use Controls Explained
Land use is controlled by both government (public) and private parties. Here's how each type works, and what the exam expects you to know about police power, eminent domain, and deed restrictions.
Public Land Use Controls
Zoning (Police Power)
The most common public land use control. Local governments use police power (authority to regulate for public health, safety, welfare) to divide land into districts and regulate permissible uses.
Building Codes
Minimum standards for construction — materials, methods, electrical, plumbing, structural. Enforced through building permits and inspections. Non-compliance can prevent issuance of a Certificate of Occupancy.
Eminent Domain
The government's power to take private property for public use — with just compensation paid to the owner. The actual taking is called condemnation. The 5th Amendment requires 'just compensation.'
Taxation
Ad valorem (property) taxes are a form of government control — nonpayment results in a tax lien and eventual tax sale.
Private Land Use Controls
Deed Restrictions (CC&Rs)
Private covenants written into the deed or a declaration that run with the land. Binding on all future owners. May restrict use, architecture, animals, rentals, or other activities.
Easements
A non-possessory right to use another's property for a specific purpose. Easements appurtenant (benefit adjacent land) and easements in gross (benefit a person or entity) are both tested on the exam.
Liens
Financial claims against property that can be enforced through foreclosure. Types: mortgage liens, mechanic's liens, judgment liens, tax liens.
Land Use Controls FAQ for the Exam
What is the difference between an easement appurtenant and an easement in gross?
An easement appurtenant benefits a neighboring parcel (the dominant estate) and burdens another (the servient estate). It runs with the land. An easement in gross benefits a person or entity (like a utility company) rather than a parcel — it does not run with the land.
What is inverse condemnation?
Occurs when a government action significantly reduces a property's value without formally taking it. The property owner can sue the government for compensation.
Can private deed restrictions be stricter than zoning?
Yes. If zoning allows 25-foot setbacks but a CC&R requires 35-foot setbacks, both apply — the more restrictive control governs.