Pre-existing rights, also known as vested rights, allow continued use of property in a way that would otherwise be prohibited by newly enacted zoning regulations or other land-use laws. For example, a business operating legally before a new ordinance limiting noise levels might be permitted to continue its operations under these established rights, even if it now exceeds the prescribed limits.
These rights protect property owners from abrupt changes in regulations, offering stability and predictability. They can be crucial for maintaining the economic viability of businesses and preserving the character of established neighborhoods. Historically, they have served as a bridge between old and new regulations, minimizing disruption during periods of legal or policy transition. Their existence often prevents legal disputes and fosters a sense of fairness in the application of evolving land-use policies.