Section 2: Buying or Building a Home

Zoning and Building Bylaws

You've no doubt noticed-though you may never have thought much about it-that neighbourhoods tend to have buildings of the same sort in them. It's not often anymore that you can walk along a street and pass houses, stores, factories, and offices all on the same block. That's usually because of zoning regulations passed by the municipal government.

Zoning regulations are simply bylaws that say what sort of building can go where. If you buy a home, you'd probably prefer that there were other homes around it. You'd most likely want a quiet neighbourhood where you could live peacefully, get to know your neighbours, and perhaps raise a family.

You probably wouldn't, then, want a nightclub going in next door and an all-night truck stop being set up across the street. Zoning laws see to it that some neighbourhoods are residential, some commercial, and some industrial. Along with zoning bylaws, municipalities also pass building bylaws, regulating such things as the size and quality of buildings. Bylaws like these help keep towns and cities orderly and they improve the quality of people's lives.

Most people regard zoning and building bylaws as very important. As much as commercial activity is needed in any community, most people prefer not to live surrounded by factories and warehouses. On the other hand, it can be argued that laws of this sort interfere with people's right to use their property as they see fit. The person who wants to set up a small business in his or her home, for instance, may find that living in an area zoned as residential makes this impossible.

Likewise, it can be argued that building regulations interfere with ownership rights. If a landowner wants to live in a shack, why should others be able to insist that he or she build a far more expensive home that meets safety standards and looks just like all the other homes in the neighbourhood?

Nuisance

Imagine you've bought a home in a pleasant neighbourhood. You've invested a great deal of money, and borrowed a great deal more; but you figure it will be worth it because you've realized a lifelong dream-to own your own home.

Before long, however, troubles begin. Your neighbour on the left is an amateur carpenter; all day long, day after day, he hammers away and operates power tools in the driveway right next to your kitchen window, and the noise is driving you crazy. He stops in the evening; but his dog, tied up near your bedroom window, barks all night.

Then, you discover that the neighbour on the right believes strongly in the merits of natural gardening. Truckload after truckload of manure arrives at regular intervals to be spread on her garden, making it impossible for you to sit in your own backyard without a gas mask. You speak with both neighbours, but nothing changes. What will you do?

According to the principles of common law, your neighbours may well be committing the civil wrong of nuisance . Your neighbours have the right to make reasonable use of their own property; but if, in the eyes of the law, they go too far and substantially interfere with your right to enjoy your own land, you can bring a successful legal action against them. Significant and frequent noises, vibrations, odours, and pollution are all possible grounds for commencing a suit for nuisance.