encumbrance

encumbrance, n. A claim or liability that is attached to property or some other right and that may lessen its value, such as a lien or mortgage; any property right that is not an ownership interest. • An encumbrance cannot defeat the transfer of possession, but it remains after the property or right is transferred. — Also spelled incumbrance. [Cases: Mortgages 1; Secured Transactions

1. C.J.S. Mortgages §§ 2–6; Secured Transactions§§ 3, 7–9, 23, 37.] — encumber, vb.

“Encumbrances are not confined to the law of property, but pertain to the law of obligations also. Choses in action may be mortgaged, settled in trust, or otherwise made the subject-matter of jura in re aliena, no less than land and chattels.” John Salmond, Jurisprudence 435–36 n. (k) (Glanville L. Williams ed., 10th ed. 1947).

“ ‘Encumbrance’ means a right, other than an ownership interest, in real property. The term includes a mortgage or other lien on real property.” UCC § 9-102(a)(32).

mesne encumbrance (meen). An intermediate encumbrance; an encumbrance that first occurred both earlier and later than other encumbrances.

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词条贡献者

译者Sherry，毕业于欧洲顶尖的高级翻译学院，擅长翻译各种与复杂并购相关的法律文件。