A legal right or interest in land that affects a good or clear title and diminishes the lands value. It can take numerous forms, such as zoning ordinances, easement rights, claims, mortgages, liens, charges, a pending legal action, unpaid taxes, or restrictive covenants. An encumbrance does not legally prevent transfer of the property to another. A title search is all that is usually done to reveal the existence of such encumbrances. The buyer must decide if he wants to purchase with the encumbrance or find out what can be done to remove it.
« Back to Glossary Index
« Back to Glossary Index