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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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


a mortgage or other security over real or personal property.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
incumbrance. They are unmixed and unconnected with any peculiarities or
By 1920, the Indian Rights Association (IRA) claimed that, thanks to the Clapp Amendments' removal of restrictions upon the sale, incumbrance, or taxation of lands allotted to mixed-descent Anishinaabeg, more than ninety percent of the lands had been lost.
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."(43) However, a zoning ordinance was passed prior to entering into the contract.(44) The purchaser did not have any "knowledge of the existence of the resolution, but, nevertheless, both parties were presumed to have such knowledge."(45) The Court of Appeals in Lincoln Trust Co.
It appeared that he had been buying land lately (I think it was a hundred acres), but there was probably an incumbrance to it, somebody else claiming to have bought some grass on it for this year.
Smith's estate is land in the West Indies that needs to be sold in order to pay off "incumbrances." Once the debts are paid, the remaining proceeds of the sale would go to Mrs.
When the mathematician would solve a difficult problem, he first frees the equation of all incumbrances, and reduces it to its simplest terms.
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." Kanickhungo then promises to keep the road clear of fallen trees, saying "It is our hearty Desire that it may so continue, while the Earth endureth." He then presents "a Bundle of Skins in the Hair" (Boyd 1938: 6; see 1742 Treaty, Boyd 1938: 33).
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.
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." The repeal of all former trading rights and rights of exploitation in the territory left the area wide open for American "enterprise."
(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.
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.