Which of these would be considered a public restriction on real property ownership?

• A. Lien
• B. Mortgage
• C. Lease
• D. Escheat

Answer: (D)

Public restrictions on real property ownership come from government authority and limit what an owner can do, regardless of private agreements. Escheat is the process by which property reverts to the state when the owner dies without heirs or abandons the property and there’s no one to claim it. This is a governmental claim that can override private ownership, so it functions as a public restriction on ownership. In contrast, a lien and a mortgage are private encumbrances created by contracts or lenders, and a lease is a private agreement giving someone else the right to use the property. These originate from private parties, not the government, so they don’t represent public restrictions in the same way.