Q: What is an encumbrance
A: I assume this question is arising under the "Probate" topic with regard to inherited real estate. An encumbrance is something which burdens title to a property with a legal claim. A mortgage against a property, for example is an encumbrance. If an individual is sued for an amount of money, and loses, the Court judgment that he owes the money to the plaintiff is an encumbrance on any real estate the individual owns: Clear title to the property cannot be conveyed to a purchaser without first paying off the judgment.
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