encumbrance

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Encumbrance

A burden, obstruction, or impediment on property that lessens its value or makes it less marketable. An encumbrance (also spelled incumbrance) is any right or interest that exists in someone other than the owner of an estate and that restricts or impairs the transfer of the estate or lowers its value. This might include an Easement, a lien, a mortgage, a mechanic's lien, or accrued and unpaid taxes.

encumbrance (incumbrance)

n. a general term for any claim or lien on a parcel of real property. These include: mortgages, deeds of trust, recorded abstracts of judgment, unpaid real property taxes, tax liens, mechanic's liens, easements, and water or timber rights. While the owner has title, any encumbrance is usually on record (with the County Recorder or Recorder of Deeds) and must be paid for at some point.

encumbrance

noun burden, charge, claim, curb, difficulty, disadvantage, drawback, hampering, hindering, hindrance, hitch, hurdle, impediment, impedimentum, inconvenience, infliction, interference, liability, lien, lien on an estate, load, mortgage, obstacle, onus, oppression, pressure, restriction, retardation, stay, stop, stoppage
Associated concepts: easements, mortgage
Foreign phrases: Transit terra cum onere.Land passes subject to any encumbrances affecting it.
See also: accountability, barrier, burden, charge, constraint, damper, debt, disadvantage, fetter, handicap, hindrance, impediment, imposition, liability, lien, mortgage, onus, pressure, responsibility, restriction, weight

encumbrance

a burden that affects land, such as a mortgage.

ENCUMBRANCE. A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it. A mortgage, a lien for taxes, are examples of encumbrances.
     2. These do not affect the possession of the grantee, and may be removed or extinguished by a definite pecuniary value. See 2 Greenl. R. 22; 5 Greenl. R. 94.
     3. There are encumbrances of another kind which cannot be so removed, such as easements for example, a highway, or a preexisting right to take water from, the land. Strictly speaking, however, these are not encumbrances, but appurtenances to estates in other lands, or in the language of the civil law, servitudes. (q.v.) 5 Conn. R. 497; 10 Conn. R. 422 15 John. R. 483; and see 8 Pick. R. 349; 2 Wheat. R. 45. See 15 Verm. R. 683; l Metc. 480; 9 Metc. 462; 1 App. R. 313; 4 Ala. 21; 4 Humph. 99; 18 Pick. 403; 1 Ala. 645; 22 Pick. 447; 11 Gill & John. 472.

References in periodicals archive ?
Instead it debunks the myth of individualism and hierarchical orders, in which transcendence means breaking free of encumberances and needing nobody and constitutes the divine as somebody in relation to other bodies.
And as the Discovery Session 3 was developed 'in house' it was free of political, economic and operational encumberances.
He accused the woman of forging official documents by declaring that she was single when they were about to get married and denying any legal encumberances to their marriage.