land use & zoning law

Conditional Use Zoning

See Contract Zoning


Definition from Nolo’s Plain-English Law DictionaryConnected or "next to"; usually referring to adjoining pieces of real estate.

Definition provided by Nolo’s Plain-English Law Dictionary.

Continuing Trespass

A repeated or ongoing (not one-time) trespass (unlawful entry or possession), especially onto real property. For example, building a road or structure that extends onto a neighbor's property, or piling up rocks or garbage there, would be a continuing...

Contract Zoning

Making a deal with a governing body to be granted exemptions to a zoning code was originally considered illegal, but the concept has evolved into two versions:

Legitimate conditional use zoning: In this acceptable version, there is a unilateral...

Covenant of Quiet Enjoyment


A formal agreement, typically in a deed or lease, in which a seller or lessor promises to protect a buyer or lessee in the event of a disturbance of his or right to quiet enjoyment of the property he or she is buying or leasing. A covenant of...

Covenant that Runs with the Land

A property covenant is an agreement between two or more parties regarding certain use of a piece of real property. The covenant will either benefit or burden the landowner. A covenant that burdens the landowner is also called a restrictive covenant....

Covenants, Conditions, and Restrictions

Covenants, conditions, and restrictions, commonly called “CC&Rs” are a set of rules governing the use of a certain piece of real estate. For example, a CC&R can regulate the fences of a house, or garbage cans, etc. CC&Rs are usually...


Definition from Nolo’s Plain-English Law DictionaryThe giving of land by a private person or entity to the government, typically for a street, park, or school site, as part of and a condition of a real estate development. The local county or city (or...

Eminent Domain


Eminent domain refers to the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the...

Enclosure (Inclosure)

Definition from Nolo’s Plain-English Law DictionaryThe act of creating a boundary around land that limits access to it, for example by a fence, wall, hedge, ditch, or other physical barrier.

Definition provided by Nolo’s Plain-English Law Dictionary.