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encumbrance

encumbrance

1 8.9
A legal claim on property, such as a mortgage, that can stop it being sold
  • noun
  • /ɪnˈkʌmbrəns/
  • Formal
translation icon : gravamen
  • A thorough title search revealed several encumbrances that could delay the transfer of ownership.

Examples

  • When one assumes a mortgage, it is wisely preceded by a title search or, alternatively, title insurance that ensures against the risk that the title bought is not free and clear of encumbrances.

    Academic text (1998)
  • Before finalizing the sale, we need to confirm that all encumbrances have been cleared from the title.

  • What makes this unique is that there are no legal encumbrances on either party.

    Academic text (2011)
  • 83% of its assets are free of any encumbrance of any sort.

    Blog text (24)
  • Well, you cosigned the mortgage, so you and your husband will both have to sign on any future encumbrance.

  • The land my father owned, a thousand acres... paid for no encumbrances.

  • These encumbrances to clear title are part of the aftermath of the housing and credit bonanza that swept through American neighborhoods in the early 21st century.

    Blog text (14)
  • The seller assured us that there are no liens or other encumbrances on the property.

Synonyms

incumbrance
vsencumbrance
  • Archaic
9.9

A legal claim on property that limits its use or value

is the same legal claim but written with a different traditional spelling

Antonyms

489 1.1

Not having to do something a rule requires

How Restrictive

seizure
  • Formal
71 6.1
lien
  • Specialized
30 9.4
mortgage
  • Specialized
526 5.4
encumbrance
  • Formal
1 8.9
restriction
340 3.0
easement
  • Specialized
9 9.5

Surface Forms

encumbrance singular
encumbrances plural

Morphology

encumbrance = encumber (semi-transparent) = en + cumber + ance

Formally derived from 'encumber' + '-ance', but the legal sense 'a claim or liability on property' is a domain-specific extension not fully predictable from the verb alone.

Etymology

Encumbrance originally meant a heavy load or obstacle from the root cumber 'to block', so in law an encumbrance is a 'burden' on property. For example, a mortgage or lien is an encumbrance because it can limit the owner from using or selling the land.