To encumber (or incumber) means to effect an encumbrance on real property.
[Last updated in July of 2021 by the Wex Definitions Team]
neighbors & neighborhoods
encumbrance
An encumbrance is a claim against an asset by an entity that is not the owner. Common types of encumbrances against real property include liens, easements, leases, mortgages, or restrictive covenants. Encumbrances impact the transferability...
enjoyment
Enjoyment, in a legal context, has several related meanings; but generally, it means “to exercise a right.” Some common uses of the term “enjoyment” in a legal sense include:
In the context of estate tax statutes, cases such as this...floating easement
Floating easement is an express easement where the location of the easement is not specified yet. For different reasons, like uncertainty of where to place a water line, an owner may grant an easement without knowing the specifics of where...
homeowners' associations (HOAs)
Homeowners’ associations (HOAs) are the governing body of many common interest communities (CIC), such as subdivisions, who manage the common areas and interests of the community. When a person buys property in a CIC, there is a legal...
party wall
A party wall is a dividing wall that is shared between two properties owned by separate parties. These types of walls can be organized into different categories of ownership, including tenancy in common, divided ownership, divided with...
real covenant
A real covenant is a promise or obligation by a landholder that limits their use of the property, either requiring a specific act to be or not to be performed. If the covenant demands action, it is an affirmative covenant; if the covenant...
redlining
Redlining can be defined as a discriminatory practice that consists of the systematic denial of services such as mortgages, insurance loans, and other financial services to residents of certain areas, based on their race or ethnicity....
restriction
A restriction is any limitation on activity, by statute, regulation, contract provision, or in a conveyance. Individuals or persons seeking restrictions may be limited in what they can restrict, however. For example, a legislature cannot pass...
servient estate
Servient estate is a parcel of land that is subject to an easement and benefits another parcel of land. An easement is a privilege or right that the owner of one parcel of real property (called a dominant estate or dominant tenement) has...