The prime example of public interest is police power, or the right of the local or county government to zone. Government rights to property, since they are in the public interest, supersede the rights of the individual. However, government entities also have non-possessory interests in real estate, which act to control land use for the public good within the entity's jurisdiction. Public entities may own or lease real estate, in which case they enjoy an estate in land. Tax liens, mortgages, easements, and encroachments are examples. An encumbrance enables a non-owning party to restrict the owner's bundle of rights. If the interest-holder is not private, such as a government entity, and does not have the right to possess, the interest is some form of public interest. If a private interest-holder does not have the right to possess, the interest is an encumbrance. If the interest-holder enjoys the right of possession, the party is considered to have an estate in land, or familiarly, an estate. Estates in Land Interests are principally distinguished by whether they include possession.
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