Restriction on use

Restriction on use of land/property

Mostly municipal authorities or government authorities may make regulations for use and development of land, town planning, etc and impose restrictions on land use, which is also called as zoning. The basic principle in zoning is to plot out a land into residential or commercial or industrial zones or layout and imposing specific restrictions as to the type of buildings, height of buildings, set back of buildings, number of residential units, floor space index (FSI), cubic space index so as to ensure reasonably uniform comfort to all plots. 

This type restriction can be imposed by owners of adjoining land also. Sometimes, neighour may restrict the construction of building within certain height and also on set back so as to ensure uncontrolled flow of natural air circulation and sun light to neighboring plot or building. These are called easement restrictions.

In some cases, the owner/ seller may impose specific restrictions to the purchaser, who is bound to and by the terms of rectifications. For example, Mr.Krishnan sold a piece of land forming front portion of his larger land and in the sale deed, he imposed a condition that a space is to be kept open in the front portion so as to make the rear portion approachable from the road. There are further details and directions about the size of the said reserved space.

Thus there is a restriction in use of land sold that a reserved space shall be kept open and such restriction runs with the land and is applicable, not only to the present purchaser but also, to subsequent buyers.

In industrial zones, environmental hazards play a significant role, statutes are there to regulate the storing, handling, discharging and disposing of toxic, flammable, hazardous chemicals and substances. In commercial and public purpose areas including hospitals, hotels, etc discharges from the premises are to be controlled.

Sometimes, a property may be attached with another property as an indemnity or guarantee for a specific period not more than 12 years. This indemnity runs with the property and shall pass to future buyer also for the specific period of indemnity.

Hence, it becomes necessary for a prop-lawyer to check for any restriction that impact the land or property.