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Encyclopedia > Encumbrance

An encumbrance is a legal term of art for anything that affects or limits the title of a property, such as mortgages, leases, easements, liens, or restrictions. Also, those considered as potentially making the title defeasible are also encumbrances. For example, charging orders, building orders and structure alteration. Introduction A mortgage is a device used to create a lien on real estate by contract. ... A lease or tenancy is an interest in personal property or real property given by a lessor to another person (lessee or tenant) for a fixed duration such that the lessee has obtained certain of the Lessors rights to possess and/or use the property and has provided to... An easement is the right of use over the real property of another. ... In law, lien is the broadest term for any sort of charge or encumbrance against an item of property that secures the payment of a debt or performance of some other obligation. ...


In Hong Kong, there is statutory definition of "encumbrance". In Conveyancing and Property Ordiance (Cap. 219) it reads: ""encumbrance" (產權負擔) includes a legal and equitable mortgage, a trust for securing money, a lien, a charge of a portion, annuity, or other capital or annual sum; and "encumbrancer" (產權負擔人) has a meaning corresponding with that of "encumbrance" and includes every person entitled to the benefit of an encumbrance, or to require payment or discharge thereof".


It is also a term used by colleges and universities to describe limitations placed on a student's account due to late payment, late registration, or other reasons stated by the institution. An encumbrance can prohibit students from registering for classes, affect the release of their transcripts, or delay the reception of their diplomas.


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Encumbrance Codes (605 words)
Encumbrances are established in the Financial Accounting System (FAS) to indicate when funds are restricted (object code 37-99) or to indicate that one or more charges are pending on a budget.
The encumbrance is entered at an amount equal to the amount of indirect costs that will be charged (manually) to the sub-contract when the budget is established on-line.
The encumbrance is reduced by GCA as indirect cost journal vouchers are prepared charging indirect cost on subcontracts as identified in the award.
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