Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Encumbrance
n. A claim or liability that is attached to property or some other right and that may lessen its value, such as a lien or mortgage; any property right that is not an ownership interest. 0 An encumbrance cannot defeat the transfer of possession, but it remains after the property or right is transferred. -Also spelled incumbrance. - encumber, ub "Encumbrances are not confined to the law of property, but pertain to the law of obligations also. Choses in action may be mortgaged, settled in trust, or otherwise made the subject-matter of jura in re aliena, no less than land and chattels." John Salmo
Encumbrancer
One having a legal claim, such as a lien or mortgage, against property.
covenant against encumbrances
A grantor's promise that the property has no visible or invisible encumbrances. ( In a special warranty deed, the covenant is limited to encumbrances made by the grantor. - Also termed general covenant against encumbrances. Cf special covenant against encumbrances.
due-on-encumbrance clause.
A mortgage pr vision giving the lender the option to acceleral the debt if the borrower further Mortgages the real estate without the lender's conser,
general covenant against encumbrances
See covenant against encumbrances under covENANT (4).
mesne encumbrance
An intermediate encumbrance; an encumbrance that first occurred both earlier and later than other encumbrances.
special covenant against encumbrances
A grantor's promise that the property is free of encumbrances created by the grantor only, not the grantor's predecessors. See special warranty deed under WARRANTY DEED. Cf. covenant against encumbrances.