Civil Law
Updated 29th May 2025
Encumberance
E

Encumberance

  • A burden or charge imposed upon an immovable property.
  • It is a limitation on the owner's right to use his or her property.

Examples

  • Easements or servitudes.
  • Mortgages.
  • Leases.
  • Attachment.
  • Adverse claim.
  • Notice of lis pendens.
  • Claims or instruments creating a "cloud" on the title which may be invalid, ineffective, or unenforceable.
  • Restrictions imposed by law, such as limitations on lands acquired under free patent or homestead.