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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 ?
The PRA's 19 December 2014 guidelines on encumbrance reporting waive the requirement for many banks to disclose details of collateral received (known as Template B) as collateral received under ELA could signal possible ELA to market participants if disclosed.
Unlike its competitors, Fund-Plus offers an integrated package, which includes purchase order and encumbrance, accounts payable, budget reporting, check reconciliation and a data transfer program called Lynx.
The elimination or transfer of mortgages and or other encumbrances will take place within 45 days of a notice sent out to affected parties, who have the right to appeal.
On a weighted average basis - based on a sample of 135 covered bond issuers (101 banking groups) worldwide rated by Fitch, Spanish, Swedish, German and Portuguese banks are at the top of the sample, with asset encumbrance from cover pools ranging from 28 Percent to 12 Percent at end-2012.
Encumbrances outstanding (lapsed) (section 1700, paragraph .
The rationale behind this position, as articulated by the federal district court for the District of New Jersey, is that expanding the definition of encumbrance to title to include environmental conditions will create uncertainty and confusion in the law of conveyance and title insurance, since a title search would not have disclosed the violation.
To the best of knowledge and information of the authorised officer, there is no encumbrance on the property.
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.
To the best of knowledge and information of the authorised officer, there is no encumbrance on the properties except the outstanding dues of seepz society & municipal taxes to the extent of rs.