Encumbrance

Any claim, right, or restriction on the property held by someone other than the owner. Liens are encumbrances, but so are easements and deed restrictions.

Legal & title issues · Updated September 2026

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Part 1 of 4

Why a seller cares

Every lien, easement and restriction on your home is an encumbrance, and the title commitment lists them all. Some are paid off at closing; some stay with the home forever, and the buyer takes title subject to them.

Part 2 of 4

A simple example

Your commitment lists a mortgage, a utility easement along the side yard, and a subdivision covenant. One is paid, two stay.

Encumbrance: a simple example
The encumbranceAt closing
The mortgagePaid off and released
The utility easementStays; the buyer takes title subject to it
The subdivision covenantStays; it runs with the land

Encumbrances come in two kinds: the ones money removes and the ones that are part of the property.

Part 3 of 4

What people get wrong

That an encumbrance is always a problem. Most homes carry several, and only the ones that can be paid off need to be.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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