Juridical Dictionary

This dictionary contains:
8526
juridical terms

Encumbered




Encumbered

When a lien, mortgage or other restraint is placed against a property.

RELATED TERMS
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When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Lien
Contracts. In its most extensive signification, this term includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being denominated a lien on the property. In a more limited sense it is defined to be a right of detaining the property of another until some claim be satisfied.

Mortgage
A legal instrument that creates a lien upon real estate securing the payment of a specific debt.

Restraint
Something which prevents us from doing what we would desire to do.

Property
Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property.



SIMILAR TERMS
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Encumbrance
A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it.



PREVIOUS AND NEXT TERMS
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Enabling powers
A term used in equity. When the donor of a power, who is the owner of the estate, confers upon persons not seised of the fee, the right of creating interests to take effect out of it, which could not be done by the donee of the power, unless by such authority; this is called an enabling power

Enactment
A law or a statute; a document which is published as an enforceable set of written rules is said to be "enacted".

Enceinte
Medical jurisprudence. A French word, which signifies pregnant.

Enclosure
An artificial fence put around one's estate.

Encroachment
An unlawful gaining upon the right or possession of another; as, when a man sets his fence beyond his line; in this case the proper remedy for the party injured is an action of ejectment, or an action of trespass.

Encumbered

Encumbrance
A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it.

Encyclopedia
A book or series of books arranged alphabetically by topics containing information on areas of law, including citations to support the information.

Endeavor
Criminal law. An attempt.

Endorsee
A party to whom an order bill of lading is endorsed by the original consignee or a previous endorsee of that same bill of lading.

Endorsement
Indorsement. Criminal law, practice. When a warrant for the arrest of a person charged with a crime has been issued by a justice of the peace of one county, which is to be executed in another county, it is necessary in some states that it should be indorsed by a justice of the county where it is to be executed: this indorsement is called backing.

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This dictionary contains 8526 terms.







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