You own your home, so you can do whatever you like with it… right?
Well, yes. And no. And maybe.
As a homeowner, you do have important property rights that allow you to enjoy your home and use it the way you’d like. But there are also limits — things like HOA covenants, city ordinances, zoning laws, and even state or federal rules can all step in and place boundaries on those rights.
That’s why it’s so helpful to understand the “bundle of rights” that come with homeownership, along with some of the land use issues that might affect you.
What Does Ownership Really Mean?
When you bought your home, you were given a deed (the physical document that defines your property) and became the legal title holder. Together, those establish that you own your home and have the rights that come with it.
If you co-own a home with a spouse or partner, you share those rights and must agree together on big decisions (like selling, renting, or transferring the property).
The Five Key Property Rights
- Right of Possession – You’re the legal owner of your home. (But keep in mind, you could lose this right if you fail to pay property taxes or your mortgage.)
- Right of Control – You can decide how your property is used, within the law. Want to paint your house orange? Put in a garden? Host book club every week? That’s usually your call — unless local ordinances, building codes, or your HOA say otherwise.
- Right of Enjoyment – You should be able to peacefully enjoy your home without interference. If that right gets disrupted (say, a neighbor’s dog barks all night), you may need to involve local authorities or even pursue legal remedies.
- Right of Exclusion – You get to choose who’s allowed on your property. Exceptions apply for law enforcement with a warrant or emergency responders.
- Right of Disposition – You can sell, rent, or transfer your home as you choose. That right may be limited if you still owe on your mortgage, have liens, or if your HOA restricts rentals.
Other Property Issues to Know About
- Easements – These allow others limited legal access to your property. Examples include utility companies needing access to poles or neighbors having a “right of way” driveway.
- Eminent Domain – In rare cases, the government can take private property for public use (like building a new road), but must provide “just compensation.”
- Neighbor Issues – Things like fallen trees or fences built across property lines can create disputes. Professional surveys and good communication go a long way in protecting your rights.
- Mineral Rights – In some areas, owning land doesn’t necessarily mean you own what’s beneath it. Drilling or mineral rights may be sold separately.
Bottom Line
Homeownership comes with a bundle of rights, but also a bundle of responsibilities. Understanding where your rights begin — and where they may be limited — helps you protect your investment and enjoy your home with confidence.
If you have a specific question or find yourself in a sticky situation, it’s always smart to talk with a property law attorney. And of course, if you’re thinking of making changes that impact your property’s value, usage, or resale potential, I’d love to be your guide.
As always, I’m your go-to resource for all things real estate.
Buying
My Listings
Selling
