Zoning Laws

Easements

Every property has some kind of easement--utility, water and sewer or driveway easements which give access to landlocked parcels. As a property owner, you may be affected by easements at some point.

The easement in gross is the most common type of easement used by public utilities. These easements are often under or above the ground, so they do not consist of actual land. If a utility gains the right to an easement in gross over your land, it must pay you for the diminishment in value of your property.

Easements by prescription become easements simply through unchallenged use by the landowner for a specified number of years (usually 10-20). To avoid such an occurrence, the landowner must periodically make a formal objection to "start the clock over".

The most familiar type of easement is easement appurtment that allows access to public roads and is used to create driveways and walkways for subdivided parcels. This type of easement should be treated by both landowners (and beneficiaries) as actual land parcels to be described and recorded meticulously.

Keeping an Eye on Zoning Decisions

Zoning classifications are the most important tool that a local government has to control the way land is used in a community. Areas designated as residential may have further controls on housing density for single family homes, townhouses or multiple-family houses. There are usually areas set aside for industrial, commercial and recreational purposes. Zoning boards spend their time listening to requests for exceptions to these rules or hearing arguments from parties who want to change or bend the existing zoning regulations.

These zoning decisions have a major impact on the surrounding neighborhoods. Citizens' groups often get involved in testifying at hearings on proposals that could affect their property values or their quality of life. These groups help create interest about issues in the local press and work to educate their neighbors about matters affecting them. Developers who go before a zoning board seeking major changes are wise to involve the local neighborhood group in formulating proposals that will affect those homeowners.

When You Are Buying Property to Build

You noticed a lot for sale in a suburban area in the Overland Park area that looks like a perfect place to build your dream home. Buying undeveloped land can provide an opportunity to build a house that will meet your needs, but you will need certain information before you sign on the dotted line.

Most suburban areas have zoning regulations which govern the type of structure that can be erected, the dimensions, and even the material used on the exterior. Historic preservation groups work with builders in many areas to ensure that any new construction fits in with the existing buildings. If you want to build out of the city limits, check the availability of public utility services and the cost of bringing those services to the site. Local planning and zoning boards can provide you with information about proposed development that could change your quiet country lane into a busy street.

It is a good idea to consult an architect and zoning expert to confirm that your vision will work on the property you have selected.