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Encumbrance

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Encumbrance is a legal term of art for anything that affects or limits the title of a property, such as mortgages, leases, easements, liens, or restrictions. Also, those considered as potentially making the title defeasible are also encumbrances.

 


Encumbrance
(incumbrance)n. a general term for any claim or lien on a parcel of real property.

Encumbrances:
Those charges or the security that attaches to any kind of property. For example, if there is a mortgage on a piece of property, then the property is said to be encumbered by that mortgage.

Encumbrance
A claim, line charge, attached to and binding real property.
Equity
The difference between the market value of the property and the homeowners mortgage debt.

ENCUMBRANCE: Any claim or restriction on a property's title.
EQUAL ACCESS ACT: A law passed by Congress in 1984.

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.

Encumbrance
Definition - Noun
: a claim (as a lien) against property
specif ...

lien An encumbrance upon a debtor's property, requiring the debtor to satisfy the debt out of the proceeds in the event that the property is sold; a superior court judgment automatically becomes a lien on the judgment debtor's real property.

Lien: An encumbrance or legal burden upon property.
The Legal Dictionary has taken steps to ensure that all legal, law, and court terms contained in our legal dictionary are correct.

Lien: An encumbrance put on a property owned by a judgment debtor. It prevents the sale, transfer of title or refinancing of the property until the debt is satisfied.

records for the property's title history by a title company, an abstractor, attorney or escrow officer to determine the "chain of title" and the current status of title, including owner, legal description, easements, property taxes due, encumbrances ...

In some cases, however, the mortgagee obtains a decree for a sale of the land, under the direction of an officer of the court, in which case the proceeds are applied to the discharge of encumbrances, according to their priority.

Incumbrance
See Encumbrance.
Indemnify
To insure a third party against loss; to agree to pay damages resulting from another's actions.

Term: Incumbrance
Definition: See Encumbrance.
Term: Indemnify
Definition: To insure a third party against loss; to agree to pay damages resulting from another's actions.

A charge, hold, claim or encumbrance upon the property of another as security for some debt or charge, not a title to property but rather a charge upon it; the term connotes the right which the law gives to have a debt satisfied out of the property.

Clear Title: Transferring ownership of an asset without any encumbrances, obstructions or burdens that present any reasonable question of law or fact.

If a person holds land free of all encumbrances he may claim to have perfect title.

See also: Property, Law, State, Right, Information