encumbrance

Literally a hindrance, impediment, or obstruction, such as an object in a highway. 25 Am J1st High § 272. The significance in the law is that of any right to, or interest in land conveyed, which may subsist in a third party, to the diminution of the value of the land, but at the same time consistent with the passage of the fee thereto. 20 Am J2d Cov § 81; 55 Am J1st V & P § 225. Including whatever charges, burdens, obstructs, or impairs the use of the land, depreciates it in value, or impedes its transfer, such as a lien, a mortgage, deed of trust, or an easement. Anno: 57 ALR 1376; 55 Am J1st V & P § 225. "Encumbrances" fall into two general classes: (1) Those which affect or relate to the title or the record thereof, and (2) those which affect or relate to the actual physical conditions upon the realty such as a path or roadway indicating a servitude. Anno: 64 ALR 1480. The application of the term "encumbrance" is almost invariably made to real estate, although it would seem entirely proper to speak of a chattel mortgage or lien upon personal property as an "encumbrance." See covenant against encumbrances.