encumbrance

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encumbrance

, incumbrance
Law a burden or charge upon property, such as a mortgage or lien

encumbrance

A restriction on the use of real property, or an obligation to make a payment which is secured by real property and which does not prevent its conveyance.
References in periodicals archive ?
50) These Indians, no longer seen as needing the government's protection, should be allowed to continue alienating and selling their lands without incumbrance.
740, 745 (1938): "In determining who is entitled to surplus proceeds arising in a foreclosure sale, it is the general rule that all incumbrances on mortgaged premises inferior to the mortgage on which sale is based, must be paid in order of time in which they respectively become liens, except as some equitable right demands a different order of payment.
Dickens notes in his Preface to the First Cheap Edition of The Old Curiosity Shop, "When the story was finished, that it might be freed from the incumbrance of associations and interruptions with which it had no kind of concern, I caused the few sheets of MASTER HUMPHREY'S CLOCK, which had been printed in connexion with it, to be cancelled; and, like the unfinished tale of the windy night and the notary in The Sentimental Journey, they became the property of the trunkmaker and the butterman.
More specifically, the court held "that it does not constitute an incumbrance [sic] upon the property which [purchaser] agreed to purchase.
He looked at her as being in some vague manner an incumbrance upon the freedom of his thoughts; he had a haunting fear that he was in some tacit way pledged to her; that she had a species of claim upon him, which forbade him to the right of even thinking of another woman.
The Court interpreted a GAA provision stipulating that, after the trust period expired, "all restriction as to sale, incumbrance, or taxation of [the] land shall be removed.
After four years of working in the corporate big box world, Robert is happy to be free of the inherent incumbrances found therein.
23(3) He shall be legally or equitably seised as of Freehold for his own Use and Benefit of Lands or Tenements held in Free and Common Socage, or seised or possessed for his own Use and Benefit of Lands or Tenements held in Franc-alleu or in Roture, within the Province for which he is appointed, of the Value of Four thousand Dollars, over and above all Rents, Dues, Debts, Charges, Mortgages, and Incumbrances due or payable out of or charged on or affecting the same.
It should therefore come as no surprise that, in his preface to Greene's Menaphon ("To the Gentlemen Students of both Universities"), Thomas Nashe complains about the ambitions of uneducated dramatists, the better to praise the scholarly elaboration of Greene's novels: "Indeed, it may be the engrafted overflow of some kilcow conceit, that overcloieth their imagination with a more than drunken resolution, beeing not extemporall in the invention of anie other meanes to vent their manhood, commits the digestion of their cholerick incumbrances, to the spacious volubilitie of a drumming decasillabon" (Nashe 1589: Ir).
received by the mortgagee, arising from the sale, after discharge of prior incumbrances to which the sale is not made subject, if any .
Man is a limited being; his movements are circumscribed within narrow bounds; his eye can take in, at a single view, but a small portion of our world: If he would transport himself from place to place, his progress, impeded by a variety of incumbrances, must be gradual; and if he would traverse the globe, he must devote to the arduous enterprise the revolution of many succeeding months.
But the latter would be less apt to buy the property if the effect would be to reinstate incumbrances subsequent to the mortgage foreclosed.