The hook
An encumbrance is any limitation on title — easements, mortgages, liens, leases, restrictive covenants. They appear on the title commitment and survive ownership transfers. The surveyor\'s job is to plot the visible (location-bound) ones on the plat.
| Encumbrance | What it does | Plotted on survey? |
|---|---|---|
| Easement | Grants a use right across the land | YES (location-bound) |
| Mortgage | Lender claim against the property as collateral | No (financial) |
| Lien (judgment, mechanic's) | Claim against value to satisfy a debt | No |
| Lease | Tenant's use right for a term | Sometimes (if exclusive area defined) |
| Restrictive covenant | Limits use (no commercial, set-back min, etc.) | Often noted, not necessarily plotted |
| Encroachment | A neighbor's improvement crosses your line | YES (must be shown on ALTA) |
Memorize these
Concepts that show up on the exam
Title commitment
A title insurance company's preliminary report listing every encumbrance found in their search. Schedule A = the property; Schedule B = exceptions and encumbrances.
Restrictive covenant
A private agreement (often deed restrictions or HOA rules) limiting how the land can be used. Survives transfers.
Mechanic's lien
A lien filed by a contractor or supplier who didn't get paid for work on the property. State-specific procedures and time limits.
Encroachment
A physical improvement (fence, garage, driveway) that crosses a property line onto a neighbor. Must be shown on ALTA surveys; can ripen into adverse possession or prescriptive easement.
Test yourself
How well did it stick?
A quick 5-question check on Encumbrances. See where you stand and what to review.