Brunke v. Pharo

This court has held that a restriction imposed by law on the use of real estate is not an incumbrance. Miller v. Milwaukee Odd Fellows Temple (1932), 206 Wis. 547, 240 N. W. 193. The opinion suggested that a charge against premises by reason of a violation of a zoning ordinance would be an incumbrance.

“However, the existence of improvements requiring alterations or removal in order to comply with either public or private restrictions appears to be an incumbrance.” 4 American Law of Property, p. 813, sec. 18.82.

In Lohmeyer v. Bowers (1951), 170 Kan. 442, 227 Pac. (2d) 102, the court decided…