Land use and encumbrances
Encumbrance
Any claim or right in a property held by someone other than its owner
The umbrella term. Liens are encumbrances that affect title in a monetary way; easements, deed restrictions and encroachments are encumbrances that affect the physical use of the land. Property can be sold with encumbrances on it — the buyer simply takes it subject to them.
How the exam asks about it
A frequent multiple-choice shape is "all of the following are encumbrances EXCEPT". Ownership itself is never the answer to that.
Related terms
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