land use & zoning law

Land trust refers to different legal entities used to manage land for conservation, development, or investment purposes.

• trusts

“Land use” is a term that is used to describe the different purposes land may be used for. This includes both economic and cultural uses of land. Common types of land use include:

Landlocked describes a parcel of land that lacks direct access to a public roadway and can only be reached by crossing another person’s property. Owners of landlocked property may obtain access through an 

Metes and bounds are the boundaries of a parcel of real estate that identified by its natural landmarks. Metes and bounds landmarks are often used in a “legal description” of a land. Legal description is the geographical description of a land that identifies its precise location, and is kept with the deed of the land. In legal descriptions, metes and bounds are considered as the most accurate description of a piece of land in some jurisdictions.

A mining claim is a portion of land containing minerals which a miner has a right to occupy and possess for the purpose of extracting minerals. The Mining Law of 1872, which provides a statutory framework for the extraction of minerals on public lands, recognizes two types of property rights in mining claims: unpatented and patented.

Nonconforming use refers to when local governments change zoning laws and allow existing property some form of exemption from abiding by the new regulations. Zoning is an important tool used by city leaders, but often, new zoning regulations would not receive support and would devastate particular individuals if they apply to pre-existing property. Without nonconforming use, a business may have to level their entire business just because an area becomes rezoned as residential only.

Occupancy is a concept in property law defined as the state of possessing or residing on a piece of property. Both owners and tenants can be in occupancy of a property. 

Occupancy refers to living in or using premises or property as a customary and usual place of habitation to which return is contemplated after temporary absence (Travers v. Universal Fire & Cas. Ins. Co., 34 S.W.3d 156 (Mo. App. 2000)).

The open mines doctrine is a common law doctrine in property law that permits a life tenant to commit voluntary waste on a piece of land by depleting it of natural resources.

• property law