Private restrictions on real estate include covenants, conditions, and
restrictions (CC&Rs); liens; easements; profit a prendre; adverse
possession; and encroachments. CC&Rs are restrictions on how property
owners can use their land. For instance a homeowners association in a
neighborhood may have a no cars left out on the street overnight policy. Or
homes built may have to meet certain criteria, for instance the color may have
to be approved, or the garage may have to be in the back yard/ further back
from the face of the house. A lien is a claim on a piece of property used to
fulfill an obligation or to serve as collateral on debt. An easement is a right
given to access the property by the landowner. For instance utility companies
may need to access a power line in your back yard so you allow them to walk through.
A profit a prendre is an interest in real property that allows one to remove
things from the land, like cattle, soil, or produce. Adverse Possession is when
an individual who has openly possessed the land for a long amount of time
without actually owning the land aquires the title to the land. An encroachment
is typically the result of carelessness when a fence line is built over your
property line, etc.
An example of an easement would be the Corpus Christi Seawall.
The state of Texas has a public easement of
200 feet along all Texas Beaches.
The
depleting beach front over the years has left the private seawall within that
boundary.
It was brought to the state
and any further plans to expand the seawall were put to rest, but the existing
seawall remains private.
This Caller
Times article explains further, as well as some alternative land restrictions
faced on the beaches of Corpus Christi.
http://www.caller.com/news/2008/apr/20/seawall-divides-city/?print=1
Public restrictions on real estate are when the government creates
limitations on real estate like taxation, eminent domain, police power and
escheat.
An example of when eminent domain was used was for the expansion of the 610
Loop in Houston. The Texas Department of Transportation bought some 73.4 acres
along the West Loop for expansion.
The
article explains further.
http://realtynewsreport.com/2012/05/14/deal-sikes-unprecedented-eminent-domain-play-in-nw-houston/