Private Controls

Private controls are non-governmental restrictions that limit the use of real property.

Limitations placed in a deed by a grantor.

• Restrict use, occupancy, or improvements
• Bind future owners
• Enforceable by injured parties or courts
• Run with the land

Rules recorded by developers or homeowners associations.

• Govern use and appearance of property
• Enforced by HOA or other owners
• Common in planned unit developments and condominiums
• May include fines or legal action for violations

Non-possessory rights to use another’s land.

• Appurtenant easements benefit a dominant tenement
• Easements in gross benefit an individual or company
• Can be created by grant, necessity, prescription, or implication

Unauthorized physical intrusion onto another’s property.

• Fences, buildings, or overhanging structures
• May be disclosed by a survey
• Can result in legal disputes or required removal

Private agreements granting possession for a limited time.

• Restrict tenant use of property
• Terms enforceable between landlord and tenant
• Do not transfer ownership interest