Encumbrance

Explore encumbrances in Canadian real estate — what they are, how they affect property, and why title searches are vital.

Encumbrance

July 27, 2025


What is Encumbrance?

An encumbrance is a legal claim, liability, or restriction on a property’s title that may affect its use, transfer, or value.

Why Encumbrance Matters in Real Estate

In Canadian real estate, encumbrances must be identified and addressed in transactions to ensure clear title and minimize risk.



Types include:
  • Liens (e.g., unpaid taxes, mortgages)
  • Easements
  • Covenants and restrictions
  • Leases or rights of way



Title searches and insurance help protect buyers from unknown encumbrances.

Example of Encumbrance in Action

The title search uncovered an encumbrance: an unpaid tax lien that had to be cleared before closing.

Key Takeaways

  • Legal claim or restriction on property
  • May limit use or affect value
  • Includes liens, easements, covenants
  • Identified through title search
  • Can delay or block transfer

Related Terms

Additional Terms

Public Realm Improvements

Public realm improvements are enhancements to public spaces such as sidewalks, parks, plazas, and streetscapes, often funded or contributed by. more

Mortgagee in Possession

A mortgagee in possession is a lender who takes control of a property after borrower default, but before foreclosure or power of sale. The lender. more

Lease Surrender Agreement

A lease surrender agreement is a negotiated contract between a landlord and tenant that ends a lease before its scheduled expiration. Terms may. more

Green Infrastructure

Green infrastructure refers to natural or engineered systems that manage stormwater, reduce heat, and improve sustainability in developments.. more

Escrow Holdback

An escrow holdback is a portion of funds withheld at closing and held in escrow until specific conditions are met, such as completion of repairs,. more

Underused Housing Tax

The Underused Housing Tax (UHT) is a federal annual 1% tax on the value of vacant or underused residential property owned by non-resident,. more

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