Encumbrance

Encumbrance

Encumbrance is a legal term of art for anything that affects or limits the title of a property, such as mortgages, leases, easements, liens, or restrictions. Also, those considered as potentially making the title defeasible are also encumbrances. For example, charging orders, building orders and structure alteration.

In Hong Kong, there is statutory definition of "encumbrance". In Conveyancing and Property Ordiance (Cap. 219) it reads: ""encumbrance" (產權負擔) includes a legal and equitable mortgage, a trust for securing money, a lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer" (產權負擔人) has a meaning corresponding with that of "encumbrance" and includes every person entitled to the benefit of an encumbrance, or to require payment or discharge thereof".

It is also a term used by colleges and universities to describe limitations placed on a student's account due to late payment, late registration, or other reasons stated by the institution. An encumbrance can prohibit students from registering for classes, affect the release of their transcripts, or delay the reception of their diplomas.


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  • encumbrance — en·cum·brance also in·cum·brance /in kəm brəns/ n: a claim (as a lien) against property; specif: an interest or right (as an easement or a lease) in real property that may diminish the value of the estate but does not prevent the conveyance of… …   Law dictionary

  • encumbrance — en‧cum‧brance [ɪnˈkʌmbrəns] noun [countable, uncountable] PROPERTY LAW something such as a mortgage, lease, or charge on property, that may cause difficulties when the property is passed on to someone else: • Most directors would like to keep the …   Financial and business terms

  • Encumbrance — En*cum brance, n. [Cf. OF. encombrance. Cf. {Incumbrance}.] 1. That which encumbers; a burden which impedes action, or renders it difficult and laborious; a clog; an impediment. See {Incumbrance}. [1913 Webster] 2. (Law) Same as {Incumbrance}.… …   The Collaborative International Dictionary of English

  • encumbrance — early 14c., from O.Fr. encombrance, from encombrer (see ENCUMBER (Cf. encumber)) …   Etymology dictionary

  • encumbrance — [n] burden albatross, ball and chain*, cross, debt, duty, guilt, handicap, hindrance, impediment, load, millstone, monkey on one’s back*, obstruction, responsibility, saddle, thorn in one’s side*, weight, worry; concepts 532,690 …   New thesaurus

  • encumbrance — ► NOUN 1) a burden or impediment. 2) Law a mortgage or other charge on property or assets …   English terms dictionary

  • encumbrance — [en kum′brəns, inkum′ brəns] n. [ME & OFr encombraunce] 1. something that encumbers; hindrance; obstruction; burden 2. Rare a dependent, esp. a child 3. Law a lien, charge, or claim attached to real property, as a mortgage …   English World dictionary

  • Encumbrance — A claim against a property by another party. Encumbrance usually impacts the transferability of the property and can restrict its free use until the encumberance is removed. The most common instances of an encumbrance occurs in real estate such… …   Investment dictionary

  • encumbrance — Incumbrance In*cum brance, n. [See {Encumbrance}.] [Written also {encumbrance}.] [1913 Webster] 1. A burdensome and troublesome load; anything that impedes motion or action, or renders it difficult or laborious; clog; impediment; hindrance; check …   The Collaborative International Dictionary of English

  • encumbrance — /en kum breuhns/, n. 1. something that encumbers; something burdensome, useless, or superfluous; burden; hindrance: Poverty was a lifelong encumbrance. 2. a dependent person, esp. a child. 3. Law. a burden or claim on property, as a mortgage.… …   Universalium

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