Using these terms "encumbrances, easements and licenses," all which affect the owner's rights to 1) Possession, 2) Use and 3) Power of Disposition of their land. These restrictions can be recognized as Public vs. Private; they are either created or imposed by the Government (Public restriction) or can be Private (a Private restriction) created by the owner.

Facts: Joe & Mary own Blackacre Farm. It has been owned by Joe's family for 200 years and passed down for generations. The Government has recently started a new highway project that will pass right through the eastern 75 acres of Blackacre, where Joe's fruit trees have grown since his family moved onto the property.

Question: Can the government put the highway through Blackacre? Can Joe stop it, or can the government build the highway as initially planned? Do you agree that the Government should be able to affect an owner's right to possession, use or disposition in this way? What about zoning, taxes, building codes? If so, explain why? Do you think there should be any limits? Explain.

Answer rating: 100% (QA)

Answer In this scenario the governments plan to build a highway through Blackacre would likely be considered a public encumbrance or restriction on th... View the full answer