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 periodicals archive ?
The same might be said of May zhuc kee aush sheek and her son, John Carl, who took advantage of Congress's removal of restrictions to the sale, incumbrance, or taxation of allotments held by adult "mixed-bloods" of the White Earth Reservation under the 1906 and 1907 Clapp Amendments.
The purchaser of real estate entered into a sales contract providing that the "property was to be conveyed `free from all incumbrances [sic]' except certain ones specified.
9) Depending of course on the size of the inherited incumbrances, interest payments often consumed from one-fifth to one-half of the annual rental income.
Hale: "Still it was unsatisfactory to see how completely her thoughts were turned upon herself and her own position, and this selfishness extended even to her relations with her children, whom she considered as incumbrances, even in the very midst of her somewhat animal affection for them" (p.
In extolling Alaska's virtues, the pioneer's allusion to the fur trade, fisheries, and mining served to remind readers of The Bulletin (9 and 11 April 1867) that the purchase of Russian America was of a "territory free of all incumbrances [sic]" because "government [had] paid upwards of $200,000 to extinguish private franchises.
8) The bank may provide loans only for the payment or satisfaction of incumbrances on agricultural lands, for the construction of drainage and irrigation works, and for the purchase of fertilizers, agricultural seeds, machinery, implements and animals, and no loan shall be made for non-agricultural purposes (Sec.
Silas Raymond, Elias Scribner and John London did in the presence of said meeting, give each of them, severally, one acre of land off the adjoining corners of their respective lots to the said church free and clear from all incumbrances for ever, as a privilege to build a Church House thereon.
We now desire that this Road, for the mutual Accommodation and Conveniency of you and us who Travel therein to see each other, may be kept clear and open, free from all Stops and Incumbrances.
Half-pay officers, Laurens wrote Washington on May 5, would be mocked "as the Drones & incumbrances of Society, [and] pointed at by Boys & Girls--there goes a Man who robs me every Year of part of my pittance" (p.
When the mathematician would solve a difficult problem, he first frees the equation of all incumbrances, and reduces it to its simplest terms.
This grim imagined future in which a brother does not protect a sister is reinforced by Clara Reeve's later statement that "[b]rothers generally look on sisters as incumbrances on families; more remote relations seldom trouble themselves about them" (122).
She states, baldly, "Brothers generally look on sisters as incumbrances on families" (122).