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Legal & Process

Encumbrance

Any registered claim or restriction on a property title.

What is Encumbrance?

An encumbrance is any claim, restriction or third-party interest registered on a property title — including mortgages, caveats, easements, covenants and statutory charges. A title search reveals all of them.

Why it matters for you

Some encumbrances (mortgages) are removed at settlement. Others (easements, restrictive covenants) stay attached to the property. Your conveyancer reviews every encumbrance and flags anything that limits your intended use.

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Related terms

A legal warning lodged on a property title that can stall settlement.

Legal & Process

A registered right for others to use part of your land.

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Pre-settlement check revealing ownership, encumbrances, and restrictions.

Legal & Process
Last updated: April 2026