An encumbrance is a right to, interest in, or legal liability on real property that does not prohibit passing title to the property but that diminishes its value.[1] Encumbrances can be classified in several ways. They may be financial (ex: liens) or non-financial (ex: easements, private restrictions). Alternatively, they may be divided into those that affect title (ex: lien, legal or equitable charge) or those that affect the use or physical condition of the encumbered property (ex: restrictions, easements, encroachments).[2] Encumbrances include security interests, liens, servitudes (e.g. easements, wayleaves, real covenants, profits a prendre), leases, restrictions, encroachments, and air and subsurface rights. Also, those considered as potentially making the title defeasible are encumbrances, e.g. charging orders, building orders and structure alteration.
Contents
- 1 Jurisdictions
- 2 Other uses
- 2.1 Colleges
- 2.2 Accounting
- 3 References
Jurisdictions
Hong Kong
In Hong Kong, there is statutory definition of "encumbrance". In Conveyancing and Property Ordinance (Cap. 219) it reads: ""encumbrance" (產權負擔) includes a legal and equitable mortgage, a trust for securing money, a lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer" (產權負擔人) has a meaning corresponding with that of "encumbrance" and includes every person entitled to the benefit of an encumbrance, or to require payment and discharge thereof".
Other uses
Colleges
It is also a term used by colleges and universities to describe limitations placed on a student's account due to late payment, late registration, or other reasons stated by the institution. An encumbrance can prohibit students from registering for classes, affect the release of their transcripts, or delay the reception of their diplomas.
Accounting
In management accounting, encumbrance is a management tool used to reflect commitments in the accounting system and attempt to prevent overspending. Encumbrances allow organizations to recognize future commitments of resources prior to an actual expenditure.
- Pre-encumbrance
- Amount expected to spend, but for which there is no legal obligation to spend. A requisition is a typical pre-encumbrance transaction.
- Encumbrance
- Amount for which there is a legal obligation to spend in the future. A purchase order is a typical encumbrance transaction.
- Expenditure
- Amount for which there has been an expenditure of funds. An expenditure is recorded in Commitment Control for both vouchers payable and journal entries.
References
- ^ Steven H. Gifis, Barron's Dictionary of Legal Terms, 4th edn., s.v. "encumbrance" (Barron's Educational Serie===s, 2008), 169.
- ^ Fillmore E. Galay et al., Modern Real Estate Practice in Illinois, 4th edn. (Chicago: Dearborn Real Estate Education, 2001), 107.
Real estate
|
|
- Property
- Tertiary sector of the economy
|
|
By location |
- Bangladesh
- China
- Italy
- Kenya
- Pakistan
- Puerto Rico
- Russia
- South Korea
- United Kingdom
|
|
Types |
- Commercial property
- Corporate Real Estate
- Extraterrestrial real estate
- International real estate
- Lease administration
- Niche real estate
- Garden real estate
- Healthcare real estate
- Vacation property
- Arable land
- Golf property
- Luxury real estate
- Off-plan property
- Private equity real estate
- Real estate owned
- Residential property
|
|
Sectors |
- Property management
- Real estate development
- Real estate investing
- Relocation
|
|
Law and regulation |
- Adverse possession
- Chain of title
- Closing
- Concurrent estate
- Conditional sale
- Conveyancing
- Deed
- Eminent domain
- Encumbrance
- Foreclosure
- Land law
- Land registration
- Leasehold estate
- Property abstract
- Real estate transaction
- Real property
- Rent control
- Severance
- Torrens title
- Zoning
|
|
Economics, financing
and valuation |
- Asset-based lending
- Capitalization rate
- Effective gross income
- Gross Rent Multiplier
- Hard money loan
- Highest and best use
- Investment rating for real estate
- Mortgage insurance
- Mortgage loan
- Real estate derivative
- Real estate economics
- Real estate bubble
- Real estate pricing
- Rental value
|
|
Parties |
- Appraiser
- Buyer agent
- Buyer broker
- Chartered Surveyor
- Exclusive buyer agent
- Land banking
- Landlord
- Moving company
- Property manager
- Real estate broker
- Real estate entrepreneur
- Real estate investment club
- Real estate investment trust
- Real property administrator
|
|
Other |
- Companies
- Eviction
- Gentrification
- Graduate real estate education
- Green belt
- Indices
- Industry trade groups
- Land banking
- People
- Property cycle
- Real estate trends
- Undergraduate real estate programs
- Urban decay
- Urban planning
|
|
- Category
- Commons
- List of topics
|
|