An older sibling may call their younger sibling a nuisance when the latter messes with the former's possessions or otherwise terrorizes them with their pestering and chides. In effect, the sibling accused of being a nuisance has disrupted the enjoyment of the other's day and has caused them to suffer emotional distress. This simple example closely follows what it means for a nuisance to exist in the realm of land use law and will be further developed throughout this post.
Zoning is an important legal system of classifying land into specific and permissible uses. In communities throughout New Jersey, individuals may live in residential zones, work in commercial zones, and drive past agricultural or manufacturing zones. In some cases, multiple types of land uses may be contained in single zones, while in others only single zoning classifications may exist.
Some people work for years to save enough money to buy tracts of land for their own personal use. While some may buy land for agricultural or business purposes, many New Jersey residents buy plots of land with the intention of building homes on them. Owning land gives individuals the freedom to work toward their goals and fulfill their dreams without the constraints of renting property from others.
Real property ownership is a goal for many New Jersey residents who wish to build their own homes and have space that they can call their own. A person can work hard to save, search and acquire the plot of their dreams, and once they have paid it off they may believe that it will be their forever. However, certain land use and real property legal matters can divest property owners of their rights if they are not aware of them.
It is a common belief among New Jersey residents that if someone has an interest in a parcel of property that they must own it. While this is often true it does not necessarily have to be the case. When a person has an easement they hold a nonpossessory interest in someone else's land that does not constitute ownership.
Finding the perfect home or space to buy in which to operate a business can be a time consuming and stressful process. New Jersey residents who are in the market for property may spend months researching what they want and need so that, when the right property becomes available, they are ready to make their move. During their planning, one important aspect of purchasing property that individuals should investigate is zoning.
Any New Jersey resident who has attempted to find a place to build their dream home has undoubtedly encountered restrictions on what types of structures that they can build on certain parcels of land. This is because communities throughout the state have enacted zoning regulations that dictate where certain homes, businesses and other entities may be built and operated. Zoning attempts to keep similar structures together but can impose frustrating limitations on individuals who want to explore other uses for their properties.