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Encumbrances
- Encumbrance – Anything that obstructs or impairs the use of a property.
- Cloud on Title – An encumbrance creates a cloud on title of the fee simple holder’s rights in the property.
- Encroachment – Unauthorized intrusions of the improvement of one property on the surface or in the airspace of an adjoining parcel.
- Easement – A right granted to use a portion of a property owner’s land for a specific purpose.
- Easement Appurtenant – May grant ingres and egress to an adjoining parcel of land.
- Dominant Estate – The parcel that benefits from the easement.
- Servient Estate – The parcel across which the easement passes.
- Easement in Gross – Does not benefit any one parcel of real estate but rather benefits a number of parcels to bring in such things as utilities.
- Lien – A claim against property that is secures payment of a financial obligations owed by the property or the property owner.
- Mechanic’s (or Materialman’s) Lien – A lien made by anyone who provides material or labor for an improvement to real estate, including design services.
- Judgment – A determination of a court that may impose an obligation for payment on a property owner.
- Writ of Attachment – If a judgment is unpaid, a writ of attachment specifies the property that the sheriff will be ordered to sell by writ of execution.
- Tax Lien – Available to federal, state, and local taxing authorities. Enforcement is usually by tax sale. The purchaser receives a tax deed.
- Other Encumbrances
- Marital Rights
- Rights of Parties in Possession
- Outstanding Option to Purchase
- Judgments Against Owner
- Unpaid Tax Liens
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