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Pass California

Ownership and Land Use, 15% of the examination

Encumbrance

Any claim, lien, charge or liability attached to and binding on real property.

Encumbrances divide into money encumbrances, which are liens affecting title and value, and non-money encumbrances, which affect physical use. Liens include mortgages, judgment liens, mechanic's liens and tax liens. Non-money encumbrances include easements, encroachments and deed restrictions. Property tax liens generally have statutory priority over private liens; priority disputes can involve other statutory rules.

See also

EasementA non-possessory right to use another's land for a specified purpose.Mechanic's lienA lien securing payment for labor or materials furnished to improve real property.

Test the distinction

A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.

Ownership and Land Use ยท 15%Encumbrances

Which encumbrance grants a right to use land rather than securing repayment of a debt?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, and what limits its use. Distinguish ownership interests, public and private controls, environmental hazards, and California water-rights rules.15%Practice Ownership and Land Use35 questions on this area, every option explained.Practice

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