Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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

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.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

Answer In this scenario the governments plan to build a highway through Blackacre would likely be considered a public encumbrance or restriction on th... blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith and Robersons Business Law

Authors: Richard A. Mann, Barry S. Roberts

16th edition

978-1285428253, 1285428250, 978-1305176614, 1305176618, 978-0357700310, 978-0538473637

More Books

Students also viewed these Law questions

Question

2. Do not get drawn into I wont, you will arguments.

Answered: 1 week ago