|n.||1.||That which encumbers; a burden which impedes action, or renders it difficult and laborious; a clog; an impediment. See Incumbrance.|
|2.||(Law) Same as Incumbrance.|
|Noun||1.||encumbrance - an onerous or difficult concern; "the burden of responsibility"; "that's a load off my mind"|
|2.||encumbrance - a charge against property (as a lien or mortgage)|
|3.||encumbrance - any obstruction that impedes or is burdensome|
ENCUMBRANCE. A burden or charge upon an estate or property, so that it
cannot be disposed of without being subject to it. A mortgage, a lien for
taxes, are examples of encumbrances.
2. These do not affect the possession of the grantee, and may be removed or extinguished by a definite pecuniary value. See 2 Greenl. R. 22; 5 Greenl. R. 94.
3. There are encumbrances of another kind which cannot be so removed, such as easements for example, a highway, or a preexisting right to take water from, the land. Strictly speaking, however, these are not encumbrances, but appurtenances to estates in other lands, or in the language of the civil law, servitudes. (q.v.) 5 Conn. R. 497; 10 Conn. R. 422 15 John. R. 483; and see 8 Pick. R. 349; 2 Wheat. R. 45. See 15 Verm. R. 683; l Metc. 480; 9 Metc. 462; 1 App. R. 313; 4 Ala. 21; 4 Humph. 99; 18 Pick. 403; 1 Ala. 645; 22 Pick. 447; 11 Gill & John. 472.