Incumbrance

Any right to, or interest in, land which may subsist in third persons, to the diminution of the value of the estate of the tenant, but consistently with the passing of the fee. 5 Conn. 527; 2 Greenl. Ev. § 242.

Any right to or interest in, land which may subsist in third persens, to the diminution of the value of the estate of the tenant, but consistently with the passing of the fee. Fitch v. Seymour, 9 Mete. (Mass.) 467; Huyck v. Andrews, 113 N. Y. 81, 20 N. E. 581, 3 L. It. A. 789, 10 Am. St. Rep. 432; Ailing v. Burlock, 46 Conn. 510; Demars v. Koehler, 62 N. J. Law, 203, 41 Atl. 720, 72 Am. St. Rep. 642; Lafferty v. Milligan, 165 Pa. 534, 30 Atl. 1030; Stam-baugh v. Smith, 23 Ohio St. 591. A claim, lien, charge, or liability attached to and binding real property; as, a mortgage, judgment-lien, attachment, right of dower, right of way or other easement, unpaid water rent, lease, unpaid taxes or special assessment. Memmert v. McKeen, 112 Pa. 315, 4 Atl. 542; Gordon v. McCulloh, 66 Md. 246, 7 Atl. 457; Harrison v. Railroad Co., 91 Iowa, 114, 58 N. W. 1081; Kelsey v. Remer, 43 Conn. 129, 21 Am. Rep. 638; Runnels v. Webber, 59 Me. 490; Crocker v. Cotting, 173 Mass. 68, 53 N. E. 158; In re Gerry (D. C.) 112 Fed. 959; Bowman v. Franklin Ins. Co., 40 Md. G3l; Clark v. Fisher, 54 Kan. 403, 38 Pac 493 ; Redmon v. Insurance Co., 51 Wis. 293, 8 N. W. 226, 37 Am. Rep. 830; Funk v. Voneida, 11 Serg. & It. (Pa.) 112, 14 Am. Dec. 617; Farrington v. Tourtelott (C. C.) 39 Fed. 740; Maddocks v. Stevens, 89 Me, 336, 36 Atl. 398.

— Incumbrances, covenant against. See Covenant

A charge upon property; a legal claim or lien upon an

'' 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.

whatever is alien upon anestate. In cases of sales of real estate, the vendor is required to disclose the incumbrances, and to deliver to the purchaser the instruments by which they were created, or on which the defects arise; and: the neglect of this will be considered aga fraud. Sugd. Vend. 6; 1 Ves. 96; and see 6 Ves. jr. 193; 10 Ves. jr. 470; 1 Sch. & Lef. 227; 7 Serg. & "Rawle, 73. Whether the tenant for life or the remainder-man is to keep down the interest on incumbrances, see Turn. R. 174; 3 Mer. R. 566; 5 Ves. 99; 4 Ves. 24. See, generally, 14 Vin. Ab. 302; Com. Dig. Chancery, 4A10,41 3.