A Legal Look at What You Can—and Can’t—Do With Real Property in California

When you purchase a home or piece of land in California, you’re not just buying a structure or a plot—you’re acquiring a legal interest in real property. This interest comes with a set of entitlements known as the “bundle of rights”—a foundational concept in American property law that defines what you can and cannot do with your property.

But these rights are not absolute. They’re subject to zoning laws, easements, HOA rules, and state and local regulations—and often limited by the rights of others.

Here’s a breakdown of the essential property rights you hold as an owner, how they can be used or restricted, and what it means for your ownership in real-world terms.

🔍 Understanding the "Bundle of Rights"

The “bundle of rights” refers to the legal privileges that come with real property ownership. Think of them like a set of sticks: you can own the full bundle, or some may be split off (intentionally or by law). The five core rights are:

1. The Right of Possession

This is your right to occupy, use, and control the property. In most residential transactions, the buyer receives fee simple ownership—the most complete form of possession.

Exception: You can lose possession through foreclosure, eminent domain, or failure to pay property taxes.

2. The Right of Control

This allows you to decide how the property is used, provided it complies with zoning, HOA restrictions, and other lawful regulations.

Examples of limited control:

• You can't run a commercial business in a single-family zone without a permit.
• HOA bylaws may restrict paint colors, landscaping choices, or holiday decorations.

3. The Right of Exclusion

This is your right to keep others off your property, with few exceptions.

Note: Utility easements, emergency responders, and certain public access laws (like the Coastal Act in beachfront areas) may override this right in part.

4. The Right of Enjoyment

This gives you the ability to use the property as you see fit, as long as your use doesn't infringe on the rights of others.

Example: You can host gatherings, plant a garden, or build a pool—but not play amplified music at midnight if it violates noise ordinances.

5. The Right of Disposition

This is your right to sell, transfer, will, or lease the property.

However, legal and contractual limitations may apply:

• If you own the property as part of a trust or LLC, your ability to sell may be subject to terms of the entity
• If you're in a rent-controlled jurisdiction, your ability to remove tenants may be regulated

⚠️ Key Legal Limitations on Your Property Rights

Even with full ownership, certain legal frameworks can override or narrow your rights. Common examples include:

▸ Zoning Laws

City and county zoning codes dictate allowable land use—residential, commercial, mixed-use, agricultural, etc.—and may limit building height, density, or even accessory structures like ADUs.

▸ Easements

These are legal rights granted to others to use part of your property, such as for utility lines, sidewalks, or shared driveways. Easements “run with the land” and bind future owners.

▸ Homeowners Association (HOA) Rules

If your property is within an HOA, your rights may be contractually limited by Covenants, Conditions & Restrictions (CC&Rs). Violating them can result in fines or legal action.

▸ Environmental and Coastal Regulations

In places like Los Angeles County, proximity to the coastline or protected habitats can restrict grading, tree removal, or new development.

▸ Historic Preservation

If your home is designated a historic resource, modifications may require city approval under a Historic Preservation Overlay Zone (HPOZ).

🔑 Real-World Examples of Property Rights in Action

• You want to build a second story. You have control over your structure, but the project may be limited by FAR (floor area ratio), height limits, or view ordinances.
• You want to rent out your ADU on Airbnb. Some cities (like Santa Monica and LA) have restrictions on short-term rentals and require registration.
• You want to fence your yard. Most cities allow it—but require permits, height limits, and setback compliance.
• You want to remove a tree. Protected species (like Coast Live Oak) require city permits and, in some cases, replacement planting.

📝 Can You Lose Property Rights?

Yes—but usually through due process. Here's how:

• Eminent Domain: The government can take private land for public use with compensation.
• Foreclosure: Failure to meet mortgage obligations can result in the loss of your home.
• Tax Delinquency: Unpaid property taxes can lead to a lien and eventual auction.

🧠 Final Thoughts

Homeownership means more than just getting the keys. It means understanding the legal framework that comes with owning land and improvements—and how your rights intersect with those of the public, the government, and even your neighbors.

At the Stephanie Younger Group, we don’t just help our clients buy and sell homes—we guide them through the nuances of property ownership, zoning compliance, and long-term planning. We also work closely with attorneys, land use experts, and city officials when a property requires deeper due diligence.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Property laws vary by jurisdiction and circumstance. Always consult with a qualified attorney or real estate professional before making legal decisions about your property.