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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.


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


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 ?
Nevertheless, it is of utmost importance for the sale contract to be deposited immediately, since any delay may create problems to the purchaser, such as the registration of encumbrances in the meantime having priority over the sale contract.
Peel's first Irish Viceroy even wrote that the Irish were a people 'easily managed by kindness and justice' and were 'frank, confiding, and generous', in direct conflict with Human Encumbrances, which portrays British government attitudes of them as lazy and simian.
Although the system does not support purchase orders, encumbrance reporting can be handled through the general ledger.
The director of the land registry department will strike any encumbrances on a property with a title deed before it is transferred.
The sale was conducted under Section 363 of the Bankruptcy Code, pursuant to which the assets were sold free and clear of all liens, claims and encumbrances.
From a seller's perspective, since every contract for the sale of real property includes an express or implied covenant of marketable title, a seller should expressly identify as permitted encumbrances to title facts such as the existence of known environmental contamination, violations of governmental regulations, and the inclusion of the subject property on federal or state Superfund lists.
by satisfying all encumbrances on the property and for general corporate purposes, including the completion of certain acquisitions to continue the planned growth and development of the Company.
Title insurance protects those who purchase real estate from encumbrances, such as liens or contested divorce settlements.
The compact nature of this device makes it a compelling tool for people on the go or anyone who wants the security of redundant data storage but without the encumbrances of size.
Under it's due diligence assessment, the Company has identified several encumbrances which require clearance prior to or concurrent with closing.
TERMS AND CONDITIONS The eAuction is being held on As is where is basis and As is what is Basis 1 To the best of knowledge and information of the Authorised Officer there is no encumbrance on the property However the intending bidders should make their own independent inquiries regarding the encumbrances title of property put on auction and claims rights dues effecting the property prior to submitting their bid The e Auction advertisement does not constitute and will not be deemed to constitute any commitment or any representation of the bank The property is being sold with all the existing and future encumbrances whether known or unknown to the bank.
A low-cost executable or linkable model can be deployed across the enterprise and to customers without the encumbrances of a slow simulator.