ABA Family Legal Guide

Home Ownership

Property Rights and Restrictions

Your Property Rights

How do zoning codes affect my property rights?

To avoid urban mishmash, municipalities often restrict business and industry to particular designated areas. Other areas are zoned residential, including apartment buildings, or zoned strictly for single-family homes. If your neighborhood is zoned residential, you won't have to worry about a pool hall or gas station going up next to your house. It also means there are certain restrictions on what you can do with your property.

Zoning ordinances vary among communities and can change over time. While some cities and towns mandate few if any zoning restrictions, others enforce very strict zoning, controlling such items as the maximum size of a doghouse and the height of a fence. If you are planning to build any sort of addition or new structure, check with your local building department about zoning restrictions on your property. If you are still unsure, consult a lawyer.