What is an encumbrance?

An encumbrance refers specifically to a claim, lien, charge, or liability that is attached to real property, which can affect the owner's ability to sell or leverage the property. This definition encompasses various forms of encumbrances such as mortgages, easements, and property tax liens. Each of these encumbrances can impose restrictions or obligations on the property owner, potentially influencing their financial standing or use of the property.

Understanding what constitutes an encumbrance is essential in real estate transactions, as it provides insight into any existing legal or financial obligations tied to the property that may need to be resolved before a sale can occur or before the property can be fully utilized by the owner. Recognizing this distinction helps ensure that all parties involved in a property transaction are aware of any claims or liabilities that may impact the property title or its marketability.