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Doctrine

Encumbrance

Contract and Property Doctrine

An encumbrance is a third party's right to, interest in, or legal liability on property that does not prevent the property's owner from transferring title but may diminish its value. Encumbrances can be financial, such as liens, or non-financial, such as easements and private restrictions, and can also be divided by whether they burden title itself, as with liens and charges, or the use and physical condition of the property, as with restrictions, easements, and encroachments. The concept covers a range of interests, including security interests, servitudes such as easements and real covenants, leases, restrictions, encroachments, and rights to air space or the subsurface. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Classification
Doctrine Category
Property Law 1
Core Principle
A claim against an asset held by someone other than the owner, limiting transfer or use 2
Connections

In Area Of Law

Sources
1. Wikipedia: Encumbrance
a third party's right to, interest in, or legal liability on property that does not prohibit the owner from transferring titleView the Source
2. Encumbrance (Cornell Law School Legal Information Institute)
Wex entry, definition paragraph
Quote, Wex entry, definition paragraph
An encumbrance is a claim against an asset by an entity that is not the owner.
View the Source
Encumbrance (Wikipedia)
  • Lead section
    An encumbrance is a third party's right to, interest in, or legal liability on property that does not prohibit the property's owner from transferring title (but may diminish its value).
  • In Group: Ius in Re, lead paragraph defines the burden on the real right
View the Source
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