New York · Chapter 05 of 26
Liens and Easements
Encumbrances, general and specific liens, mechanic's liens and lis pendens, lien priority and subordination, deed restrictions, the types of easements and how they are created and ended.
30-minute read · Built for the Salesperson Exam
Encumbrances
An encumbrance is any claim, lien, charge or liability attached to real property that may lessen its value or limit its use, but does not prevent title from passing. Encumbrances fall into two groups: liens, which are money claims using the property as security for a debt, and encumbrances that affect the physical condition or use of the property, such as easements, deed restrictions and encroachments. A buyer generally takes title 'subject to' encumbrances listed in the contract and deed. Title searches and title insurance exist to discover and protect against encumbrances.
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