{"id":369181,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/what-are-my-rights-as-a-homeowner.html"},"modified":"2024-07-01T12:13:34","modified_gmt":"2024-07-01T17:13:34","slug":"what-are-my-rights-as-a-homeowner","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/what-are-my-rights-as-a-homeowner.html","title":{"rendered":"What Are My Rights as a Homeowner?"},"content":{"rendered":"\n
\n \n
\n

What Are My Rights as a Homeowner?<\/h1>\n
\n
\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Property owners have a lot of freedom with their real property. Generally, you have a bundle of rights to use your property in most ways. That includes the right of enjoyment for the legal owner of a piece of property.<\/p>\r\n

But there are certain limitations against your own property rights. For example, you may not have subsurface or mineral rights to what’s underneath your home. Laws, ordinances, and covenants can all affect your rights as a homebuyer.<\/p>\r\n

The following article covers many of the most common limitations on private property ownership and your legal rights in homeownership. Be sure to check with your local community for specific laws relating to your land use. Contact a local property law attorney<\/a> for a personalized assessment of your property use issues.<\/p>\r\n

Breaking the Law<\/b><\/h2>\r\n

As a homeowner, you don’t have the right to break the law<\/a> in your home. If it’s illegal outside of the house, chances are it’s illegal inside the home. That goes for drug crimes, violent crimes, and most other categories of criminal activity.<\/p>\r\n

But criminal laws aren’t the only things restricting your at-home behavior. Local ordinances may limit the use of your property. Local noise ordinances and nuisance laws can restrict activities. For example, you may be unable to crank up your stereo<\/a> at 3 a.m. in a residential neighborhood.<\/p>\r\n

The law may also require you to follow certain duties as a title holder. These include paying property taxes<\/a> incident to real estate ownership. It also includes allowing law enforcement emergency access in certain situations.<\/p>\r\n

Zoning Laws<\/b><\/h2>\r\n

Even though an activity isn’t criminal, it doesn’t mean it’s appropriate for your neighborhood. Zoning restrictions<\/a> prevent certain types of businesses from sprouting up in neighborhoods and houses from being built in business parks.<\/p>\r\n

While zoning ordinances<\/a> vary from city to city, areas are typically designated for residential, business, or industrial use. An owner of the property affected by a zoning ordinance must be careful about the activity they carry out. Before opening a convenience store in your garage or converting your office building into an apartment complex, you should check with your local zoning authority.<\/p>\r\n

Restrictive Covenants<\/b><\/h2>\r\n

Property law creates other situations that may restrict your rights as a homeowner. Many developments and subdivisions have covenants<\/a> (governing terms). They dictate what improvements you can make or how to use the land. For example, some homeowners associations<\/a> (HOAs) demand a certain level of lawn maintenance or prohibit owners from affixing satellite dishes to homes.<\/p>\r\n

Gated communities are particularly notorious for their restrictive covenants<\/a>. These residential communities may limit:<\/p>\r\n