Encumbrance
An encumbrance is a claim, right or restriction burdening real property, such as a lien, easement or restrictive covenant.
Exam Tip
A lien is one type of encumbrance. Easements and restrictive covenants can burden title without securing a debt.
Encumbrances and property transfer
A mortgage, tax lien, judgment lien or mechanic's lien can secure an obligation. An easement, deed restriction or lease can limit possession or use. An encroachment may create a boundary or title issue. Zoning is a public land-use control and is typically studied separately from private title encumbrances.
A title search can identify recorded interests. A survey can reveal boundary issues or visible encroachments, and some interests can exist without appearing in the recorded documents. Read title exceptions and the sale contract to determine which interests must be resolved and which may remain after transfer.
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Lien
A lien is a legal claim against property that secures payment of a debt or performance of an obligation.
Easement
An easement is a nonpossessory right in land, such as the right to cross another parcel or maintain utility lines.
Title
Title is the legal right to own, use, and dispose of real property, representing the bundle of rights that come with property ownership.
Deed
A deed is a legal document that transfers ownership (title) of real property from one party to another.
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