The Difference Between Encumbrances and Liens on Property?

Let’s face it, the homebuying process is confusing enough without running into legal jargon like "encumbrances" and "liens." But ignoring these terms could cost you big, either in delays, lost deals, or thousands in unexpected costs.

So here’s the deal: if you’re buying a home (or refinancing one), you need to understand how these two concepts affect your ownership rights, closing timeline, and even your loan eligibility. This guide will simplify it all.

An encumbrance is any legal restriction or claim on a property. A lien is a debt-based claim. You need to check for both before you close.

• An encumbrance is a broad term that covers any claim against a property, including liens, easements, or deed restrictions.
• A lien is a specific type of encumbrance that involves a legal claim for debt repayment using the property as collateral.
• Knowing the difference can save you from costly surprises during the homebuying process.
• Always run a title search to uncover hidden issues before closing.
• Understanding these terms empowers smarter negotiations and smoother closings.

An encumbrance is any legal limitation on a property’s title that could interfere with its transfer or reduce its value. It doesn’t always involve debt. Think of it as a red flag, or at least a yellow one.

Common types of encumbrances include:

• Liens (e.g., mortgage, tax, or mechanic’s liens)
• Easements (a neighbor’s right to use your driveway)
• Covenants (rules from your HOA)
• Encroachments (someone’s fence built on your land)

Why it matters: If you're under contract to buy a home, encumbrances could delay your closing or even derail the deal. Plus, lenders won't clear a mortgage until these issues are resolved.

A lien is a legal right a lender or creditor has in a property until a debt is paid.

Types of liens you might encounter:

• Mortgage Lien: Held by your lender until you pay off your home loan.
• Tax Lien: If back taxes are owed to the IRS or local government.
• Judgment Lien: From a court ruling in a legal case.
• Mechanic’s Lien: Filed by contractors who haven’t been paid for work.

‍Heads up:A lien can block a home sale. It must usually be paid off or otherwise cleared before closing.