incumbrance


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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.

incumbrance

(Burden), noun deadweight, handicap, impediment, load, millstone, onus, oppression, weight

incumbrance

(Lien), noun commitment, liability, obligation, restraint, title impairment
Associated concepts: artisan's lien, encumbrance upon propprty, materialman's lien
See also: lien

incumbrance

a mortgage or other security over real or personal property.

INCUMBRANCE. Whatever is a lien upon an estate.
     2. The right of a third person in the land in question to the diminution of the value of the land, though consistent with the passing of the fee by the deed of conveyance, is an incumbrance; as, a public highway over the land. 1 Appl. R. 313; 2 Mass. 97; 10 Conn. 431. A private right of way. 15 Pick. 68; 5 Conn. 497. A claim of dower. 22 Pick. 477; 2 Greenl. 22. Alien by judgment or mortgage. 5 Greenl. 94; 15 Verm. 683. Or any outstanding, elder, and better title, will be considered as incumbrances, although in strictness some of them are rather estates than incumbrances. 4 Mass. 630; 2 Greenl. 22; 22 Pick. 447; 5 Conn. 497; 8 Pick. 346; 15 Pick. 68; 13 John. 105; 5 Greenl. 94; 2 N. H. Rep. 458; 11 S. & R. 109; 4 Halst. 139; 7 Halst. 261; Verm. 676; 2 Greenl. Ev. Sec. 242.
     3. In cases of sales of real estate, the vendor is required to disclose the incumbrances, and to deliver to the purchaser the instruments by which they were created, or on which the defects arise; and the neglect of this will be considered as a fraud. Sugd. Vend, 6; 1 Ves. 96; and see 6 Ves. jr. 193; 10 Ves. jr. 470; 1 Sch. & Lef. 227; 7 Serg. & Rawle, 73.
     4. Whether the tenant for life, or the remainder-man, is to keep. down the interest on incumbrances, see Turn. R. 174; 3 Mer. R. 566; 6 Ves. 99; 4 Ves. 24. See, generally, 14 Vin. Ab. 352; Com. Dig. Chancery, 4 A 10, 4 I. 3; 9 Watts, R. 162.

References in classic literature ?
Nay, sir,' rejoined Miss Twinkleton, rising with a gracious condescension: 'say not incumbrance.
His pride in having at any time of his life achieved such a great social distinction as to be a nuisance, an incumbrance, and a pest, was only to be satisfied by three sonorous repetitions of the boast.
If the land is subject to a mortgage or other incumbrance, details should be given, e.
During his incumbrance he has actually presided over a 30% increase in council taxes, always citing the same, old tired argument about deprivation, whilst failing to acknowledge it is not areas but people who are deprived and that means anyone, in any ward of the town.
A democratick society will soon find its morals the incumbrance of its race, the surly companion of its licentious joys.
This difference in the species is no doubt imputable in no small degree to the greater quantity of bone in the Right Whale; his Venetian blinds alone sometimes weighing more than a ton; from this incumbrance the Sperm Whale is wholly free.