Encumbrances
Encumbrances (sometimes spelled incumbrances) are interests that affect land. This might include an easement (such as a right of way), a lien (a right to retain possession of a property belonging to someone else until a debt is discharged) a mortgage, a wayleave and so on.
Encumbrances are registered against the land itself, not the owner or occupier of the land. Details of encumbrances may appear on the Land Register which can be inspected for payment of a fee.
As encumbrances may affect the value or marketability of land, it is common practice to commission an official search of the Land Register before purchasing land or property. However, the Land Register is not conclusive on all matters, (for example it may not include details of local land charges or the rights of occupiers) and so it can be wise to inspect the land itself and to question occupants.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
- Chancel repair liability.
- Conservation area.
- Deed of easement.
- Easement.
- Land register.
- Liens.
- Listed building.
- Restrictive covenants.
- Right to light.
- Right of support.
- Rights of way.
- Tree rights.
- Tree preservation order.
- Wayleave.
[edit] External references
Featured articles and news
An artist finds ruined and decaying buildings a source of inspiration for his work. Book review.
When is there a right to light, and what happens if it is obstructed?
Infrastructure nationalisation
What would the nationalisation of economic infrastructure mean for GB?
A new guide to improving value by reducing design error.
We've reached 80,000 page views a day and 10,000 registered users. Why not join them?
A masterplan is a framework within which a location is encouraged to develop or change. Read our introductory article.
New consultation announced on a specialist Housing Court to settle landlord-tenant disputes.
Inclusive cities and transport
ICE responds to a transport consultation advising the government to make decisions enabling more inclusive cities.
BRE and Loughborough University complete first phase refurbishment of demonstration home.
We’re looking for a full-time Editor
If you’re a great writer and have practical experience of the construction industry, it could be you.
Frustrated by long documents or technical jargon? Put off by sign-up forms or costs? Take this 5 min survey to help improve construction knowledge.
Comments
To start a discussion about this article, click 'Add a comment' above and add your thoughts to this discussion page.