Incumbrance

Legal Definition and Related Resources of Incumbrance

Meaning of Incumbrance

Any right to, or interest in, land which may subsist in third persons, to the diminution of the value of the estate of the tenant, but consistently with the passing of the fee. 5 Conn. 527; 2 Greenl. Ev. § 242.

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This definition of Incumbrance is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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English Legal System: Incumbrance

In the context of the English law, A Dictionary of Law provides the following legal concept of Incumbrance : (encumbrance, incumbrance)

n.

A right or interest in land owned by someone other than the owner of the land itself; examples include easements, leases, mortgages, and restrictive covenants. When title to the land is .registered (See land registration), encumbrances other than minor and overriding interests are recorded in the Charges Register. Certain encumbrances affecting unregistered land will only be enforceable against third parties if registered at the Land Charges Registry.

See also registration of encumbrances.

Concept of Incumbrance (encumbrance) in the context of Real Property

A short definition of Incumbrance (encumbrance): A claim, lien, charge, or liability attached to and binding real property. Any right to, or interest in, land which may exist in one other than the owner, but which will not prevent the transfer of fee title.

Concept of Incumbrance (encumbrance) in the context of Real Property

A short definition of Incumbrance (encumbrance): A claim, lien, charge, or liability attached to and binding real property. Any right to, or interest in, land which may exist in one other than the owner, but which will not prevent the transfer of fee title.


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