Definition of INCUMBRANCE


INCUMBRANCE

Whatever is a lien upon an estate.

2. The right of a third person in the land in question to the
diminution of the value of the land, though consistent with the
passing of the fee by the deed of conveyance, is an incumbrance;
as, a public highway over the land. 1 Appl. R. 313; 2 Mass. 97;
10 Conn. 431. A private right of way. 15 Pick. 68; 5 Conn. 497. A
claim of dower. 22 Pick. 477; 2 Greenl. 22. Alien by judgment or
mortgage. 5 Greenl. 94; 15 Verm. 683. Or any outstanding, elder,
and better title, will be considered as incumbrances, although in
strictness some of them are rather estates than incumbrances. 4
Mass. 630; 2 Greenl. 22; 22 Pick. 447; 5 Conn. 497; 8 Pick. 346; 15
Pick. 68; 13 John. 105; 5 Greenl. 94; 2 N. H. Rep. 458; 11 S.
& R. 109; 4 Halst. 139; 7 Halst. 261; Verm. 676; 2 Greenl. Ev.
242.

3. In cases of sales of real estate, the vendor is required to
disclose the incumbrances, and to deliver to the purchaser the
instruments by which they were created, or on which the defects
arise; and the neglect of this will be considered as a fraud. Sugd.
Vend, 6; 1 Ves. 96; and see 6 Ves. jr. 193; 10 Ves. jr. 470; 1 Sch.
& Lef. 227; 7 Serg. & Rawle, 73.

4. Whether the tenant for life, or the remainder-man, is to
keep. down the interest on incumbrances, see Turn. R. 174; 3 Mer.
R. 566; 6 Ves. 99; 4 Ves. 24. See, generally, 14 Vin. Ab. 352;
Com. Dig. Chancery, 4 A 10, 4 I. 3; 9 Watts, R. 162.

Source: Bouviers Law Dictionary 1856 Edition

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