Titles & Deeds

    Encumbrance

    Any claim, lien, or restriction on a property that affects its title or use, such as a mortgage, easement, lien, or deed restriction.

    An encumbrance is anything that burdens or limits title to property. Financial encumbrances, such as mortgages and tax liens, affect the owner's equity. Non-financial encumbrances, such as easements and deed restrictions, affect how the property can be used.

    A property can be sold with encumbrances, but they usually must be disclosed and can affect the marketability of the title.

    On the exam

    Encumbrances split into money claims (liens) and use limits (easements, deed restrictions). A lien is one kind of encumbrance.

    Exam trap

    All liens are encumbrances, but not all encumbrances are liens. An easement is an encumbrance that is not a lien.

    Tested in

    Titles and Deeds (7% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.