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What is an encumbrance? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it refers to charges, liens and/or other liabilities against a specific property. However, it is important, to keep in mind that an encumbrance, may reduce a property’s value, but it would rarely act to completely prevent the passing of the property’s title. Encumbrance can be manifested in a number of ways. One way involves encumbrances that are of a financial nature, such as liens. Such type of encumbrances tend to affect the title quality of the property. Another way involves encumbrances that are of a non-financial nature, such as, use of lentry property restrictions; this type of encumbrances tends to affect the physical qualities of the property. Financial liens are usually easier for buyers and sellers to resolve, since they can adjust the purchase price. However, a non-financial encumbrance maybe impossible to fix, if they are a great inconvenience to the buyer(s). A financial encumbrance, is more likely to be discovered by a title company and/or attorney. However, a non-financial encumbrance, may be more easily discovered by a surveyor and/or physical inspection of the property.

 

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