← Glossary
Definition

Encumbrance

Any claim or right held by someone other than the owner that affects the property.

Encumbrances include easements, liens, mortgages, leases, restrictive covenants, and judgments. Some affect use, some affect title, and some affect both.

An encumbrance does not stop a sale. It simply travels with the property unless it is released.

Why it matters when you buy

The full encumbrance list defines what you are actually buying.

Related terms

General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.

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