Encumbrance in United States
Practical Information
Note: Some of this information was last updated in 1982
A burden or charge on property, either real property (in U.S. law) or personal property (in U.S. law), consisting of a legal right or interest in favor of a person other than the owner. Frequently there is an indebtedness against real property that is being sold, or taxes or assessments are owed on it. These are encumbrances against the property, and the deed (in U.S. law) recites the agreement between the parties regarding them. The person who holds the encumbrance is the encumbrance. The statement of encumbrances, if any, either follows the property description (see land descriptions (in U.S. law)) or is made a part of the habendum clause (in U.S. law). Example: “The said premises are conveyed subject to a mortgage in the sum of ….with interest, made by ….dated the…..and recorded in Book …or Conveyances, page …, in the office of the Clerk of said county. Subject to a purchase money mortgage made by the Grantee to the Grantor delivered and intended to be recorded simultaneously herewith.”
What is Encumbrance?
For a meaning of it, read Encumbrance in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Encumbrance.
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See Also
Further Reading (Articles)
Encumbrance Delays KMP Expressway Project, Hindustan Times (New Delhi, India); February 12, 2013
High-voltage transmission lines: proximity, visibility, and encumbrance effects., Appraisal Journal; June 22, 2009
Update On The FSA’s Approach To Covered Bond Issuance And Asset Encumbrance.(United Kingdom. Financial Services Authority)(British Bankers’ Association), Mondaq Business Briefing; December 10, 2008; Green, Peter
What You Can’t See Can Hurt You: Do Latent Violations of a Restrictive Land Use Ordinance, Existing upon Conveyance, Constitute a Breach of the Covenant against Encumbrances?, Albany Law Review; December 22, 2000; Forman, Adam
National Automation Services Reports Clearance of Liens and Encumbrances, Wireless News; July 11, 2011
US Patent Issued on March 27 for “System and Method for the Efficient Clearing of Spectrum Encumbrances” (District Of Columbia, Maryland, Massachusetts Inventors), US Fed News Service, Including US State News; March 31, 2012
US Patent Issued to Efficient Auctions on June 3 for “System and Method for the Efficient Clearing of Spectrum Encumbrances” (California, Maryland, District of Columbia Inventors), US Fed News Service, Including US State News; June 3, 2014
Henderson, Nev., Officials Lift Encumbrances on Land; Auction to Be Held Soon., Knight Ridder/Tribune Business News; May 29, 2004
Power Lines, Visual Encumbrance and House Values: A Microspatial Approach to Impact Measurement, The Journal of Real Estate Research; May 1, 2002; Rosiers, Francois Des
Government regulations on land present encumbrances that must be considered in tax assessments., Appraisal Journal; January 1, 2000
KASE – Kazakhstan’s MAG informs on release of encumbrance from 3,205,000 common shares KZ1C53590010 (MAG_) and 150,000 preferred shares KZ1P53590116 (MAG_p)., Kazakhstan Stock Exchange News; July 7, 2010
I AM A Muslim divorced woman, 34, with no encumbrances and would like to meet Muslim men between 35 and 45 years. He should be of sober habits, financially stable, loyal and ready for a sincere relationship and marriage. My interests are socialising, music and travelling. Those interested can respond with photographs and telephone numbers., Post (South Africa); July 5, 2011
Wipo Publishes Patent of Ifp Energies Nouvelles, Bruno Delfort, Dominique le Pennec and Julien Grandjean for “Method for Eliminating Acidic Compounds from a Gaseous Effluent Using an Absorbent Solution Made from Dihydroxyalkylamines Having a Severe Steric Encumbrance of the Nitrogen Atom” (French Inventors), US Fed News Service, Including US State News; May 17, 2013
encumbrance, Webster’s NewWorld Dictionary; January 1, 1988
Chinese Reactions to Babbitt: Admiration, Encumbrance, Vilification, Humanitas; March 22, 2004; Zhu, Shoutong
Flights between Iran and Zimbabwe without Encumbrance., Moj News Agency (Tehran, Iran); October 8, 2008
Patriation; we have succeeded despite ourselves: in our first decade of patriation, Canadians learned — the hard way — that being free from imperial encumbrances in our constitutional affairs does not free us from our internal divisions. (Explorations)., The Beaver: Exploring Canada’s History; April 1, 2002; Russell, Peter H.
Yankee go home: for years, the US was held up as a beacon of hope for the world, and American brands were seen as part of the dream–aspirational and inspirational. But the nation’s image overseas has been battered of late–has the Stars and Stripes become an encumbrance to America’s consumer giants?(Cover Story), Marketing Week; November 11, 2004; Barrett, Lucy
Ukraine: New Procedure Of Registration Of Rights To Immovable Property Is Adopted., Mondaq Business Briefing; August 2, 2011;
MIP Modules., Accounting Technology; August 1, 1999
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