Land records · Parcel maps · October 5, 2026
What Is an Encumbrance on Property? Types and Examples
What is an encumbrance? Any claim or limit on a property, like a mortgage, lien, easement, or deed restriction. Types, examples, and how to find them.
What is an encumbrance? It is any claim, right, or limitation on a piece of real estate that belongs to someone other than the owner or restricts how the owner can use it. Encumbrances do not usually stop a sale, but they can affect the property’s value, use, and financing. Some are routine, like a utility easement or a mortgage. Others, like unpaid tax liens, must be resolved before closing. This page is general land-records background, not legal advice.
Two main families
| Type | What it affects | Examples |
|---|---|---|
| Financial encumbrances | Money owed, secured by the property | Mortgages, deeds of trust, tax liens, judgment liens, mechanics’ liens, HOA liens |
| Use encumbrances | How the land can be used or who can use part of it | Easements, deed restrictions, covenants, encroachments, leases |
Common encumbrances
- Mortgages and deeds of trust. The most common financial encumbrance.
- Liens. Claims for unpaid taxes, judgments, contractor bills, or HOA dues. See how to find liens on a property.
- Easements. Rights for others to use part of the land, such as utility lines, driveways, or drainage. See how to find easements.
- Deed restrictions and covenants. Limits on building style, fences, or use, often set by a developer or HOA.
- Encroachments. A neighbor’s fence, shed, or driveway crossing the line.
- Leases. A tenant’s right to occupy the property.
- Mineral or timber reservations retained by a prior owner.
Encumbrance vs lien
Every lien is an encumbrance, but not every encumbrance is a lien. A lien is a financial claim that can lead to a forced sale if unpaid. An easement or restriction affects use but does not involve debt.
How encumbrances are found
- Title search. Recorded mortgages, liens, easements, and covenants appear in county recorder records.
- Plat review. Subdivision plats often show easements, setbacks, and notes.
- Survey. A survey shows physical encroachments and visible easements, like a utility line or path.
- HOA documents. Covenants and bylaws spell out restrictions.
- Inspection. Some rights, such as long-standing paths, may exist without being recorded.
A title commitment lists recorded encumbrances as exceptions to coverage.
How encumbrances affect a sale
- Financial encumbrances are usually paid off at closing from the seller’s proceeds.
- Use encumbrances typically stay with the land and pass to the buyer.
- Lenders may be concerned about easements or restrictions that limit use or value.
- Buyers should read easements and covenants before closing to understand what they can and cannot do.
Removing an encumbrance
Liens are removed by payment and a recorded release. Easements can sometimes be released by the holder, ended by merger, or terminated by court order. Covenants may expire or be amended by the HOA’s process. Encroachments can be resolved by moving the structure, a boundary agreement, or an easement.
Bottom line
An encumbrance is any claim or limit on property held by someone else, including mortgages, liens, easements, restrictions, encroachments, and leases. Financial ones are usually paid at closing, while use encumbrances typically stay with the land. Find them through a title search, plat, and survey, starting with the Platbookmapper map.
What is an encumbrance FAQ
What is an example of an encumbrance?
A mortgage, a tax lien, a utility easement, or a deed restriction limiting fence height are all encumbrances.
Is an easement an encumbrance?
Yes. An easement gives someone else rights to use part of the property, so it is a use encumbrance.
Can you sell a property with an encumbrance?
Usually. Financial encumbrances are paid off at closing, and use encumbrances generally pass to the buyer.
What is the difference between a lien and an encumbrance?
A lien is a type of encumbrance tied to a debt. Encumbrances also include non-financial limits like easements.
How do I find encumbrances on a property?
Search county recorder records, review plats and HOA documents, and get a survey.