medium · National Real Estate Exam land-use

Under the prevailing common-law approach to nonconforming uses, which combination is the property owner most likely entitled to do as of right under a typical ordinance?

1. Continue and repair the existing use, but generally NOT rebuild a substantially destroyed structure, NOT expand the nonconforming use, and NOT change to a different nonconforming use
2. Do all three, because a vested legal nonconforming use carries a broad right to rebuild, expand, and change its character so long as commercial use continues
3. Rebuild and expand as of right, because rebuilding and expanding merely continue the same grandfathered activity, but changing to a different use entirely is not permitted under this rule
4. Change the use and expand as of right, because the destroyed structure terminated only the rebuilding right, while the underlying nonconforming-use right and expansion right both survive

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