Alienations and Encumbrances Form

Alienations and Encumbrances
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In legal terms, an encumbrance is a claim against a property by a party that is not the owner. An encumbrance can impact the transferability of the property and restrict its free use until the encumbrance is lifted. The most common examples in ECCT are:

  • Financial Encumbrances, for example, mortgages, loans, or promissory notes.
  • Easements, for example, giving a person or an organization the right to use another owner’s property for a limited specific purpose, for example a portion of the property to build a fence.
  • Leases longer than 360 days.

An alienation is an exchange of property typically between a seller and a buyer. In an alienation, a seller often transfers title to property to a buyer.

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