Ownership Restrictions Imposed by Law

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OWNING REAL PROPERTY IS SUBJECT TO YOUR GOVERNMENT

      There are a myriad of federal, state, county and local laws that restrict what you can do with your own real property. Enforcement of those many laws typically resides with the various governmental agencies who are responsible for keeping you in compliance. 

The three most common restrictions imposed by govefarnment are:

Zoning: 

      Zoning laws that create a restriction on the use of real property as to various types of residential, industrial, agricultural, or commercial purposes are very common. The size and height of improvements attached to the property are likewise subject to restriction. Zoning ordinance and enforcement, or lack thereof, are key factors affecting the value of real estate investments.

See our page on Zoning.

Environmental hazards: 

      Environmental laws dictate what materials can be stored on real property as well as who is responsible for removing environmental hazards from property that are government regulated, such as: asbestos, lead paint, petro-chemicals, radon and toxic wastes. 
      It is now nearly impossible to secure financing on any real estate investment that could conceivably have been contaminated, without expensive environmental surveys. 
      A Level I Survey usually entails a limited physical inspection and examines public records of past uses of the property, and any other property in the proximity that could have spread contamination. 
      A Level II Report is much more extensive, and expensive. It requires a through inspection and test borings of soil on the property.

See our Environmental Page

Public easement and right of way: 

      A portion of the real property you own may have to be maintained by you, but left open for others to use. Easements and right of way are used to allow access to other property, to provide for roads and sidewalks, and to enable electric, gas, telephone/cable, sewer/water lines to be installed and maintained. There is a broader discussion of the subject on our Easements Page.

Government gets:

      Violation of government rules, regulations, ordinances, statutes and laws can result in fines, penalties, injunctions and even criminal prosecution; resulting in you being sent to prison. 
      If you are going to play the game, you must know and obey the rules. It also pays to become politically involved so that you can help make and change those rules that affect you.

Visit the RHOL Political Action page

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