Incumbrance

'' A burden, an obstruction, impediment. Whatever charges, burdens, obstructs, or impairs the use of an estate in land, or prevents or impairs its transfer.* An estate or interest in or a right to land, to the diminution of its value.* Every right to or interest in land which > People V. Green, 46 How. Pr. 170 (1873): 4 Inst. 100; Bac. Abr. See also Commonwealth i: The SheritE, 4 S & E. *377 (1818); Commonwealth v. Binns, 17 id. *320 (1838); State v. Buttz, 9 S. C. 179 (1877); Constitution, Art. I, sec.

6, cl. 3. 2 Do Blane v. Lynch, 23 Tex. 87 (1859). estate V. Mc CoUister, 11 Ohio, 60 (1841); County of.Scott V. Ring, 89 Minn. 403 (1882). <F. encwmbrer, to load: comhrer, to hinder: L. curnbrus: L. cumulM, a heap.

Also spelled encumbrance; encumber, disencumber. may subsist in a third person to the diminution of the value of the land, but consistent with the passing of the fee by the conveyance.' An outstanding lease is such an incumbrance." So is a subsisting lien of a mechanic or materialman. ^ Incumber. To charge or burden with a lien, or an estate.

Disincumtoer.

To relieve of such charge or burden.

Incumbrancer.

He who places a charge upon his interest in realty, as, by a mortgage, or a judgment confessed. "Incumbrance " is broader than " lien." An " incumbrancer" is one who has u, legal claim upon an estate. An absolute conveyance is an incumbrance, in the fullest sense of the term.* Unincumbered. Not bound by or subject to anything in the nature of a lien or burden: as, an unincumbered title. ' Incumbrances are spoken of as prior, subsequent; first, second, etc.

Covenant against incumbrances

A stipulation that there are no charges against land which will diminish its value. The mere existence of any such charge constitutes a breach of the covenant. K in the present tense, does not run with the land. The covenantee may extinguish the claim, and recover therefor." But in a policy of Are insurance a warranty concerning "incumbrances of all kinds" includes only such as are created by the act or consent of the parties, not those created by law.' See Burden; Charge; Lien; Oncs, Cum onere; Under and Sobjeot.