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.