What is an encumbrance or encroachment?
An encumbrance or encroachment is anything which clouds a title on the property in question. For instance, an encumbrance can be a lien, mortgage or a judgment against the property granted by one of the owners of the property or against one of the owners of the property. An encroachment is usually found where the legal descriptions of two parcels overlap or when there is a physical encroachment such as a fence over the boundary line.