welcome to elawyers.us
Elawyers Elawyers
Ohio| Change
  1. Home
  2. Learn about Law
  3. Real Estate Law
  4. Land Use Laws
Laws affecting the use and possession of land itself fall under the umbrella of "land use laws." Sometimes land you own may be used by someone who does not legally own or possess your land. This may include public entities, such as the government or city workers, or individuals who may frequent the land in a variety of settings, such as mail carriers, service workers, and even trespassers. There are special rules concerning land use in all states. This section provides information and resources on a variety of land use matters, including easements, eminent domain, trespassing, and zoning.

Easements

Technically, an easement is defined as a "nonpossessory interest" in another party's property. In other words, a neighbor may need access to a portion of your land but doesn't necessarily want to have an ownership stake. And the landowner -- who may not have a problem with his neighbor accessing his land -- nevertheless wants to be sure he is not liable for any accidents that may occur on his property. An easement, therefore, is a legal process acknowledging another party's limited use of one's land.

For example, let's say you purchase a vacation property on the beach, but the only way to access it is along a gravel road that cuts through your neighbor's property. You can create an easement with your neighbor in order to use that road for the purpose of accessing your property. The easement document typically indicates the scope of this use.

Eminent Domain

The term eminent domain refers to the right of a government entity to take private property for public use, with payment of compensation for the land. Different government bodies have different criteria; but generally, the it must be able to prove a compelling reason for its planned use. One of the more popular uses of eminent domain is for the building of freeways, but it must be for public (not private) use.

When the government takes land, it must compensate the original property owner fairly. A "fair" price would be comparable to what the property owner may fetch on the open market. Landowners may challenge the government's purported "public use" argument, or argue for a better price.

Trespassing

To trespass is to enter someone else's land without their consent. Trespassing isn't always a crime (or actionable in a civil suit), such as in the case of deliveries or other situations where consent may be implied. In order for someone to be liable (either in civil law or criminally), there must be some level of intent. If land is fenced or there is a "no trespassing" sign, then it is assumed that a would-be trespasser knows it is private property.

Zoning

Most cities and other local municipalities regulate how a given parcel of land may be used through zoning laws. This is why office buildings are seldom located within residential neighborhoods, or why heavy industry (oil refining, for example) is not found next to shopping malls. Some areas are zoned for mixed uses, such as apartments, offices, and retail shops along a town center.

Zoning regulations often change as cities and counties transform, or sometimes are changed in an effort to encourage more business activity or to make way for a special building project.

Click on a topic below to learn more about land use laws.

Read more

Recent Topics

  • Adverse Possession: Continuous Trespassers' Rights
    Created by FindLaw's team of legal writers and editors.

    A trespasser who continues trespassing for an extended period of time may earn the right to stay on the land through “adverse possession.” Learn about the requirements of adverse possession, how to avoid it, and more.

  • Affirmative and Negative Easements
    Created by FindLaw's team of legal writers and editors.

    Most easements fall into one of two categories: affirmative and negative easements. Learn about the key differences between the two forms of easements and find out which one may be useful for you.

  • Can the Government Seize My Property Without Paying Me?
    Created by FindLaw's team of legal writers and editors.

    While homeowners have highly protective rights with respect to their property, there are certain circumstances in which government can take a homeowner’s property without payments, including forced sales and seizures.

  • Challenging Eminent Domain
    Created by FindLaw's team of legal writers and editors.

    If your property has become the subject of an eminent domain action you have the right to notice and a fair hearing before the award is made final. This section explains the notice and hearing procedures involved.

  • Conservation Easements
    Created by FindLaw's team of legal writers and editors.

    A conservation easement (a type of express easement) is created by a voluntary legal agreement between a landowner and another party -- usually the government -- which restricts the development of a piece of land. Under certain specific conditions, c...

  • Easement Basics
    Created by FindLaw's team of legal writers and editors.

    A broad overview of the laws governing easements. Learn about what an easement is, how they’re created, the legal scope of easements, the rights and remedies under law, their transferability, and more.

  • Easements

    Welcome to the Easements section of FindLaw's Real Estate Center. An easement is a legal term describing a situation in which someone allows another party to use a portion of land that they legally possess. One common example of an easement is when s...

  • Eminent Domain

    Welcome to the Eminent Domain section of FindLaw's Real Estate Center. Eminent domain refers to the power of the government to take private land for public use under certain circumstances. For example, the government may sometimes take someone's hous...

  • Eminent Domain Cases and History
    Created by FindLaw's team of legal writers and editors.

    Throughout American history, the ability to own land and other property has played a central role in shaping federal and state property rights laws. However, these rights are not absolute and the government has abundant power with regard to regulatin...

  • Eminent Domain Overview
    Created by FindLaw's team of legal writers and editors.

    American citizens enjoy the right to life, liberty, and property without unreasonable government interference. However, the government can, under certain circumstances, take property with or without permission. Read on to learn more about the governm...

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer