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.
