What is a nonconforming use in real estate?

A nonconforming use in real estate refers to a situation where a property is being used in a manner that does not conform to the current zoning laws, often because the property was established before the zoning changes occurred. When a zoning ordinance is altered, existing properties that were legally used in a way that is now deemed nonconforming can continue to operate legally under what is known as "grandfathering." This means the property can maintain its prior use, even though it no longer meets the new zoning requirements.

For example, if a neighborhood was primarily zoned for residential purposes and a business was established before the zoning designation changed, that business could continue to operate even after the change to residential zoning. This protects property owners from having their investments rendered useless due to new zoning laws.

In contrast, options describing compliance with current or past zoning laws or properties that are abandoned or subject to easements do not address the concept of nonconforming use, which specifically pertains to properties affected by changes in zoning ordinances.