Individuals who keep up with this Florida-based real property and eminent domain legal blog likely recognize that there are many ways a property owner's use of their land may be limited. From covenants built into residential homeowners' associations to zoning laws that affect entire municipalities, how a property owner uses and enjoys their land may be affected by different regulatory bodies and documents. Ordinances are another form of limitation that could affect how a person is able to develop and use their own property.
Whenever the government assumes the possession of a person's land, the original property owner may be deprived of their use and enjoyment of it. Florida residents may lose their land when it is seized due to government action or is taken under eminent domain. This post will offer some information regarding the distinction between these two forms of property loss but readers should always discuss their real estate and land use questions with knowledgeable attorneys.
It is an erroneous assumption that once Florida residents acquire a parcel of land they may do whatever they want with it. While most individuals only want to build their own homes or construct commercial spaces, others may have greater plans that do not conform to the zoning restrictions that are placed on their parcels. Past posts on this land use and eminent domain blog have discussed zoning in detail, as well as options land owners may have to work within their zoning restrictions to achieve their property goals.
Owning a little slice of land is all part of the American Dream. United States citizens have the ability to purchase land and invest in real estate, but many do not realize that the governmental powers that be have the ability to take back that property by claiming eminent domain.
Easements are important land use and property tools that allow individuals to use the land of others in permissible ways. For example, a Florida resident may have easement rights to cross their neighbor's land to get to a shared road other property-based benefit. However, questions may come up when the neighbor whose property is affected by the easement sells their land to someone else.