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] Related articles on Designing Buildings Wiki
- Access to Neighbouring Land Act 1992.
- Burdens.
- 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
The 2026 Compliance Landscape: Fire doors
Why 'Business as Usual' is a Liability.
Cutting construction carbon footprint by caring for soil
Is construction neglecting one of the planet’s most powerful carbon stores and one of our greatest natural climate allies.
ARCHITECTURE: How's it progressing?
Archiblogger posing questions of a historical and contextual nature.
The roofscape of Hampstead Garden Suburb
Residents, architects and roofers need to understand detailing.
Homes, landlords. tenants and the new housing standards
What will it all mean?
The Architectural Technology podcast: Where it's AT
Catch-up on the latest episodes.
Edmundson Apprentice of the Year award 2026
Entries now open for this Electrical Contractors' Association award.
Traditional blue-grey slate from one of the oldest and largest UK slate quarries down in Cornwall.
There are plenty of sources with the potential to be redeveloped.
Change of use legislation breaths new life into buildings
A run down on Class MA of the General Permitted Development Order.
Solar generation in the historic environment
Success requires understanding each site in detail.
Level 6 Design, Construction and Management BSc
CIOB launches first-ever degree programme to develop the next generation of construction leaders.
Open for business as of April, with its 2026 prospectus and new pipeline of housing schemes.
The operational value of workforce health
Keeping projects moving. Incorporating unplanned absence and the importance of health, in operations.
A carbon case for indigenous slate
UK slate can offer clear embodied carbon advantages.
Costs and insolvencies mount for SMEs, despite growth
Construction sector under insolvency and wage bill pressure in part linked to National Insurance, says report.
Comments
To start a discussion about this article, click 'Add a comment' above and add your thoughts to this discussion page.