Controls

Definition

Controls refer to restrictions placed on the use of private property, whether these restrictions are imposed by public authorities, such as government zoning laws and building codes, or by private agreements, such as deed restrictions and developers’ covenants.

Examples

Deed Restrictions: These are private agreements included in the deed to a property. They dictate what can and cannot be done with the property (e.g., prohibiting the construction of additional structures or limiting types of activities on the property).
Zoning: Public regulations set by local governments specifying areas for residential, commercial, industrial, or other uses. These regulations control the types of buildings that can be constructed and the way properties can be used in different parts of a city or municipality.
Land Use Regulations: A broader category that includes zoning but also encompasses environmental regulations, historic preservation laws, and other government-imposed requirements that govern how land can be utilized.
Subdivision Regulations: These dictate how a large plot of land can be divided into smaller lots. They ensure proper development according to standards that may include road access, utilities, and lot size requirements.

Frequently Asked Questions

What are the most common types of property controls?

The most common types include zoning laws, deed restrictions, building codes, land use regulations, environmental regulations, and subdivision regulations.

How can controls affect property value?

Controls can both positively and negatively affect property value. For example, zoning laws that limit undesirable businesses in a residential area can help maintain property values, whereas restrictive deed provisions might limit opportunities for property enhancement and thus reduce desirability.

Are there ways to contest or change property controls?

Yes, property owners can often contest public controls like zoning regulations through hearings or applying for variances and exceptions. Private controls, like deed restrictions, may sometimes be changed through mutual agreement among affected parties or through legal action if they are unreasonably restrictive.

Who enforces zoning laws and deed restrictions?

Zoning laws are typically enforced by local government planning and zoning departments, while deed restrictions are usually enforced by homeowner associations or through private legal action.

What happens if I violate a zoning law or deed restriction?

Violating zoning laws can result in fines, legal action, or required remediation. Violating deed restrictions can lead to enforcement actions from homeowner associations or legal challenges from other property owners.

Building Codes: Sets of regulations that dictate the standards for construction, ensuring safety, health, and general welfare for occupants.
Covenants, Conditions, and Restrictions (CC&Rs): Legal terms used in real estate that refer to the standards and rules dictating how property in a certain area or community can be used.
Easement: A legal right to use someone else’s land for a specific limited purpose.
Eminent Domain: The power of the government to take private property for public use, with compensation.

Online Resources

References

Investopedia. (2023). Real Estate Definitions. Score Publications.
National Association of Realtors. (2023).

Suggested Books for Further Studies

“The Zoning of America: Euclid v. Ambler” by Michael Allan Wolf
“Land Use and Society: Geography, Law, and Public Policy” by Rutherford H. Platt
“Property and Freedom” by Richard Pipes

Real Estate Basics: Controls Fundamentals Quiz

### Can zoning laws simultaneously affect residential and commercial properties within a city? - [x] Yes, zoning laws can designate areas for residential, commercial, or mixed-use purposes. - [ ] No, zoning laws typically apply only to one type of property use at a time. - [ ] Only mixed-use developments are subject to zoning laws. - [ ] Zoning laws are outdated and rarely enforced today. > **Explanation:** Zoning laws can designate specific areas within a city for different types of property use, including residential, commercial, and mixed-use purposes. ### What is the primary purpose of subdivision regulations? - [x] To ensure orderly and safe development of land, including road access and utilities. - [ ] To encourage subdivision of land for personal gain. - [ ] To designate space only for commercial purposes. - [ ] To provide grants for landscaping. > **Explanation:** Subdivision regulations ensure that land development occurs in a safe, orderly manner, with provisions for road access, utilities, and appropriate lot sizes. ### Which entity typically enforces zoning regulations? - [x] Local government planning and zoning departments - [ ] Real estate agencies - [ ] Federal government authorities - [ ] Private developers > **Explanation:** Zoning regulations are typically enforced by local government planning and zoning departments to ensure conformity to the municipal development plans. ### Can deed restrictions be removed or modified? - [x] Yes, through mutual agreement among affected property owners or legal action if unreasonable. - [ ] No, deed restrictions are permanent and cannot be changed. - [ ] Only zoning laws can override deed restrictions. - [ ] Developers have sole authority to change deed restrictions. > **Explanation:** Deed restrictions can be changed or removed through mutual agreement among affected property owners or via legal avenues if they are deemed unnecessarily restrictive. ### What is the likely result of violating a deed restriction in a community governed by a homeowner association (HOA)? - [ ] Expulsion from the community - [x] Enforcement actions or legal challenges by the HOA - [ ] Receiving a discount on HOA fees - [ ] No repercussions, as HOAs cannot enforce deed restrictions > **Explanation:** Homeowner associations (HOAs) can enforce deed restrictions and take legal action against violators within their community. ### What are building codes designed to protect? - [ ] Only the architects' reputations - [x] The safety, health, and general welfare of the occupants - [ ] The right to free speech - [ ] Historical aesthetics > **Explanation:** Building codes aim to protect the safety, health, and general welfare of occupants by establishing standards for construction. ### Howsoever may zoning affect property values? - [x] Can both positively and negatively affect property values. - [ ] Always increases property values. - [ ] Always decre mostrated by the local government. - [ ] Only impacts values if within city limits. > **Explanation:** Zoning can affect property values both positively, by maintaining area standards, and negatively, by limiting future development options. ### Who primarily benefits from zoning laws and land use regulations? - [ ] Only property developers - [ ] Government planners - [x] General public, through orderly urban development and planning - [ ] Banks offering mortgages > **Explanation:** Zoning laws and land use regulations primarily benefit the general public by ensuring orderly urban development and sustainable community planning. ### What are CC&Rs in the context of real estate? - [ ] Color Combination Requirements for houses - [x] Covenants, Conditions, and Restrictions - [ ] Credit and Clearance Ratings - [ ] Controlled City Registrations > **Explanation:** CC&Rs refer to Covenants, Conditions, and Restrictions which determine the usage standards and rules for properties within certain communities. ### What recourse exists for property owners disagreeing with current zoning laws? - [ ] Ceasing payment of property taxes - [ ] Seeking immediate re-election of officials - [x] Applying for variances or attending zoning hearings - [ ] Ignoring the laws and building freely > **Explanation:** Property owners can apply for variances or participate in zoning hearings to contest or seek modification of current zoning laws.