Have you ever wondered what you can and can’t do on your property, private property offers a lot of freedoms. Below are 3 of the most common limitations on property use. Yes, it’s our right to do as we please on our private property, but there are ordinances in place for safety reasons.

Yes, your house is considered private property, there are many freedoms that come with private property ownership. Many homeowners have the right to use their property in most ways they see fit. However, Laws, ordinances, and rules govern your actions as a landlord.

Being knowledgeable of your rights as a property owner is important, you might be on the verge of breaking the law without even knowing it. This applies to drug crimes, violent crimes and a range of other various criminal actions.

1. Breaking the Law

Whether you’re in your home or in a public setting, the same laws that apply outside of your home also apply to your private property.

For example, the first property I rented was a town-home in a quite cozy neighborhood. Late one night I decided to watch a movie at the highest volume setting; not realizing that there was a noise ordinance in this particular city.

Within minutes my neighbor knocked on my door informing me of the cities noise ordinance regulations.

This ordinance is set into place to prevent people from becoming a nuisance to their neighbors. Most cities have noise ordinance laws put into place prohibiting noise between 10 p.m and 7 a.m.

2. How do Zoning Ordinances work

Zoning Ordinances are set into place by the municipal county. Zones are rules governing how properties are used in certain geographic locations. Zone ordinances include residential, business, and industrial.

Homes are typically located in residential areas, preventing the owner from performing certain business practices.

A friend of mine decided to convert his carport into a garage, and perform auto body repair. Not only was this unsafe, but it also violates certain zoning codes. His auto-body business was short lived and lasted no longer then a couple weeks.

The city acted fast and told him to re-vert the garage back to its original state; and to no longer continue painting cars. There has been many of times where I’ve worked on my cars, and painted a part or two. What was the difference?

The difference was the volume at which he was painting. This action puts the home owners within the area at risk. If he would have conducted his business in an area zoned industrial, it wouldn’t of been an issue. Checking zoning in your area before you decide to, can prevent future headache.

3.Covenants and Easements

Certain communities, cities and home associations have certain rules in place known as property law. These laws are designed to encourage the homeowner to keep a level of cleanliness, and maintain uniformity with the other homes, which can limit your rights as a homeowner. Preventing you from painting your home a certain color or regulating how you use your yard.

Many developments and subdivisions have what is know as a covenant. There set into place to prevent the homeowner from improper use of the land. In the San Bernardino county my triplex received a violation; the trash cans were not allowed to be visible from the curb.

Another stipulation that can affect your right as a homeowner are easements. An easement allows others to use your property he or she does not own by walking across your property line. Also, if a sidewalk tree is growing near your property line, the city may have the right to use your property to assist them with the trimming of the tree.

5 things homeowners need to know about their property rights.

• When you own your home, you have the right to control what happens in your home and the surrounding land, withing the scope of the law.
• The right of exclusion allows the home owner to choose who they decide to visit their property.
• Mineral rights are rarely discussed, in short you don’t own the rights to gold, oil, and minerals alike on your property.
• The right of disposition gives the homeowner the right to sell, gift, or rent his/her home. Those actions are limited to the home being owned out-right and whether or not the home is located within a home association. Either of the two may prevent the home owner from utilizing the right of disposition.
• Home owners have the right to use their property as collateral. Possibly there were some overdue medical bills, or excessive college tuition interest accruing. You have the right to use your home as collateral to withdraw a loan and use at your leisure.

Do all of these laws apply if your renting a property

Often times when renting a property there are common areas. Those areas must be shared with the other tenants within the building. The right to control applies inside of the property, but outside of your particular unit it may not be in affect, depending on the rules and regulations your land lord has in place.

For instance, if there is a pool, BBQ area, or playground all tenants have a right to utilize that space. Enforcing private property rights onto a space intended for everyone’s use would be illegal. The landlord also has the right to inspect the property if needed, provided he/she gives you 24-hour notice. Several laws may differ slightly, but the main laws still apply, such as the right to control what happens within your personal space.

Speak with a Lawyer if there are specific concerns

As you can see above, we have the freedoms of doing as we please on our properties, to a certain limit. There are many limitations where a neighbor or another party can limit the activities on your personal property. Certain property laws may seem a nuisance, but there put into place for a specific reasons. To protect you and your neighbors from certain safety violations, present a pride of ownership, and instill a degree of order within the community

In Summary

Ownership by firms or individuals of tangible land, building, and property in which the owner has exclusive and legal rights. It’s always best to speak with a real estate attorney, if you have any specific situations or questions.