Land Use

Land Use Controls and Encumbrances Land use questions appear consistently in the national portion of the exam (Chapter 3), and they test whether you can distinguish between the different tools governments and private parties use to control how property is used. Expect questions that require you to match the right tool to a given scenario. --- ## Why Land Use Matters on the Exam Land use is tested as part of the 6–8 question block on Real Property Characteristics. The exam loves scenario-based questions: *"A homeowner wants to use his residentially zoned lot for a small daycare — what does he need?"* Knowing the name of each tool and exactly when it applies is the key to answering these correctly. --- ## Public vs. Private Land Use Controls Land use controls fall into two broad categories: | Type | Who Creates It | Examples | |---|---|---| | Public controls | Government (federal, state, local) | Zoning, building codes, eminent domain, escheat | | Private controls | Private parties | Deed restrictions (CC&Rs), easements, liens | --- ## Public Land Use Controls ### Police Power The government's inherent authority to regulate private activity to protect the health, safety, and welfare of the public. Zoning and building codes both flow from police power. No compensation is paid to the property owner when police power is exercised — this is a key distinction from eminent domain. ### Zoning Zoning is the local government's division of land into districts (residential, commercial, industrial, agricultural) that specify permitted uses. Key zoning tools include: - Variance — An official exception granted to a specific property owner to deviate from the current zoning requirements. Example: a lot…