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BRUNKE v. PHARO

3 Wis.2d 628 (1958)

BRUNKE and wife, Appellants, vs. PHARO, Respondent.

Supreme Court of Wisconsin.

April 8, 1958.

Attorney(s) appearing for the Case

For the appellants there were briefs by Blakely, Long, Grutzner & Jaeckle of Beloit, and oral argument by J. R. Long.

For the respondent there was a brief by Field, Rikkers & Brickhouse of Madison, and oral argument by John B. Brickhouse.

FAIRCHILD, J.

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...

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