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RESTRICTIONS ON THE WAY YOU CAN USE REAL PROPERTY

This document tells you the following:

• What are the reasons people have found it necessary to regulate the use of real property?
• What do laws regulating or influencing land or property use include?
• What are zoning regulations and why do we have them?
• What are subdivision covenants and why do we have them?
• What are easements?
• What are building codes and why do we have them?
• What are environmental regulations and why do we have them?
• What is the Federal Fair Housing Act?
• If you believe that you have been discriminated against, what can you do?

USING REAL PROPERTY

You will recall that Homer and Helen recently bought a house. Can they use it in whatever way they wish? Suppose they want to use part of it for a beauty shop? Suppose they want to raise chickens in the backyard or build a greenhouse? Can they do these things?

After all, one of the reasons for buying a house is to be able to use it as you wish.

Over time—particularly as populations have increased—people have found it necessary to regulate the use of real property. Limits on use of property often reflect the line between the rights of the individual and the rights of others (see figure 65). Some of the reasons are to make certain that

• a noisy or smelly factory can’t locate next to your house.
• you have parks and woods to play in.
• you have water and air that is clean and safe.
• your new house won’t fall down because of faulty construction.
• you can live wherever you want, regardless of your race or national origin.

These needs have resulted in various local, state, and federal laws.

Laws regulating or influencing land and property use include:

(1) zoning regulations,
(2) subdivision covenants,
(3) easements, which relate to the use of one person’s land by another,
(4) building and housing codes,
(5) environmental regulations, and
(6) antidiscrimination laws.

As you read about these laws, think about why they are needed.

Zoning Regulations

Zoning regulations are city and county laws that limit the purposes for which property owners can use their land and property. They may also restrict the height and size of buildings on pieces of land.
Why are there zoning regulations? Imagine what would happen if people could use their land for any purpose, without regard for others. You could wake up one day to find your house in the middle of a dump or surrounded by paper mills. Zoning laws prevent these scenarios and promote organized land use.

Generally speaking, zoning regulations function as follows. A county or city first makes a master zoning plan. In the case of a city, the master plan is actually a large map that divides the city into areas. Each area has a particular zoning designation. For example, the city outskirts may be largely rural. They may be zoned A1 (small agricultural). The use of the property would be confined to small farms. More central areas of the city may be zoned R1 for single-family residences or R5 for multifamily residences. Other areas may be zoned C1 for commercial or industrial uses. In addition to land-use limitations in a particular zone, there would be various building size, height, and use restrictions.

Sometimes property owners try to get an area rezoned to a different designation so that it can be used for purposes other than those allowed under the current zoning plan. Other times, they may ask for a zoning variance for part of an area. A variance is similar to an exception to a rule. It allows part of an area to be used in a way that is not generally allowed under the zoning plan.

Typically the people affected will have strong feelings for or against proposed rezoning or requests for variance. For instance, they may not want apartments in their neighborhood of single-family houses. They may object to a store selling liquor near a school or church. In your local media, you may find news of people supporting or protesting zoning actions.

Subdivision Covenants

Subdivision covenants also regulate the use of land and property. These covenants often are found in organized residential subdivisions or neighborhoods. They form a kind of compact among property owners and sometimes property developers. Although similar to zoning regulations, they are private restrictions on land use. The restrictions are not imposed by government laws. Their legal force would be like those of a contract.

A main purpose of covenants is to keep neighborhoods attractive and pleasant. They may require all residences to be a minimum size or restrict the use of certain materials or colors on exterior buildings, for example.

Easements

When a property owner does not have access to a public road, legal permission may be needed to cross a neighbor’s property in order to gain access. In such a situation, the neighbor may grant permission in the form of a legal document similar to a deed that is recorded at the courthouse. The document, together with the rights it grants, is called an easement. Easements may also be granted in situations in which adjoining property owners share a common driveway. Furthermore, utility companies must obtain easements for their power or phone lines.

Building Codes

Permits are required for construction in communities because local governments have building codes as well as housing codes. Building codes are laws that specify certain standards for constructing, altering, and repairing buildings. Their purpose is to see that buildings are soundly constructed of proper materials. They also ensure that electrical, plumbing, heating, and air conditioning fixtures are appropriate and properly installed.

Before building, construction plans must be submitted to the city or county’s inspection department. They are checked to see if the standards will be met. If so, a permit is issued. Inspections are made during construction to be sure that work is carried out according to plans.

Environmental Regulations

Pollution has increased. Garbage is becoming unmanageable. Resources such as water are becoming more limited. Natural areas such as parks, woods, and wetlands are threatened by development. Not surprisingly, laws must be passed to protect the environment. Many of these laws directly affect real property ownership.

Some laws are intended to improve air quality. An example is a local ordinance that prohibits burning out-of-doors. Other laws and regulations concern water. For purer water, a 1990 Georgia law requires stricter control of sewage treatment facilities and sewage discharge. Also, buildings built after 1990 are required to have toilets and showerheads that save water. To protect plants, animals, and water, government agencies regulate the use of farm chemicals. They also monitor uses of land where endangered species live.

The issue of environmental regulation generally has to do with the public good versus the right to private use of property. This controversy has become more significant with increases in population, zoning concerns, and environmental regulations protecting land, air, and water.

Antidiscrimination Laws

The Federal Fair Housing Act forbids discrimination because of race, color, sex, national origin, handicap, or familial status. (Familial status is another way of saying families with children.) Generally the act covers the sale, rental, or advertising of dwellings. It applies to landlords who own more than three rental units or who advertise their units.

In 1990, Georgia passed a fair housing law similar to the Federal Fair Housing Act. It also prohibits discrimination in making appraisals or loans for purchasing, constructing, or repairing residential property.

When someone believes they have been discriminated against, they can file complaints under either the federal or state fair housing laws. (Federal complaints are filed with an agency of the U.S. Department of Housing and Urban Development. A complaint about a violation of state law would be made to the Fair Housing Division of the state Office of Fair Employment Practices.) Alternatively, the person could take the claim to court.

* Excerpted from An Introduction to Law in Georgia, Fourth Edition, published by the Carl Vinson Institute of Government, 1998 (updated 2004).  The Vinson Institute is not responsible for errors in the online text.  Content is for information only; in no way should the information in the book be considered legal advice to anyone on any matter for which there are legal implications.  Any such matter should be specifically addressed with an attorney. The book is available for purchase at or by contacting the Publications Program, Carl Vinson Institute of Government, University of Georgia, 201 M. Milledge Avenue, Athens, GA 30602; telephone 706-542-6377; fax 706-542-6239.