Encumbrances Flashcards
What are Encumbrances ?
Anything which limits, affects, or burdens the title to property.
What are the two (2) different type of encumbrances ?
Money encumbrances and non-money encumbrances.
Lien
a hold or claim which one person has on the property of another to secure payment of a debt or other obligation.
Specific Liens
burdens on a particular parcel (e.g. trust deed, mortgage, mechanic’s lien, property tax, assessment, attachment)
General Liens
burdens on any and all property of the owner (e.g. judgment, corporation franchise tax, estate tax, decedent’s debt, income tax)
Voluntary Liens
a lien such as a trust deed or mortgage which is placed on the property by the voluntary act of the owner
Involuntary Liens
a lien imposed without the consent of the owner
Mechanic’s Liens
persons furnishing labor or material for the improvement of real estate may file liens on the property for non-payment.