Legal Definition and Related Resources of Encumbrance
Meaning of Encumbrance
A claim , lien or liability attached to property . A burden upon land, depreciative of its value , such as a lien, easements or servitude, which though adverse to the interests of the land owner , does not conflict with his conveyance of land in fee. Evans v Faught, 42 Cai. Rptr. 133, 231 C.A.2d698. One who has an Encumbrance on property is called an encumbrancer. An encumbrance on realty and chattels is not extinguished by the mere act of transfer of ownership. A charge , a mortgage , an easement to which the property is subject , a claim for mechanic ‘s lien , and an outstanding dower interest , are all examples of encumbrances.
Synonyms of Encumbrance
- lien on an estate
- Associated Concepts: easements
- mortgage foreign phrases: Transit terra cum onere
- Land passes subject to any encumbrances affecting it
Related Entries of Encumbrance in the Encyclopedia of Law Project
Browse or run a search for Encumbrance in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.
Encumbrance in Historical Law
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Legal Abbreviations and Acronyms
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Translate Encumbrance from English to Spanish
Translation of Encumbrance, with examples. More about free online translation into Spanish of Gravmen, carga, hipoteca, and other legal terms is available here.
- Gravmen, carga, hipoteca,
- Legal English Translation
English Legal System: Encumbrance
In the context of the English law, A Dictionary of Law provides the following legal concept of Encumbrance : (encumbrance, incumbrance)
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.