| 单词 | Encumbrance |
| 释义 | 產權負擔 A proprietary right held by one person over the property of another that limits the ways in which the owner may use or deal with the property. Mortgages, trusts for securing money, liens and charges are all encumbrances. The term also includes prior interests, rights, claims and demands that can or may be made or set up in, to, upon or in respect of property. The term is sometimes also used to refer to other types of legal interests affecting land. The expression ‘encumbrance’ in relation to land invariably means some claims to the property or charges which could be imposed upon the property: Active Keen Industries Ltd v Fok Chi Keong [1994] 2 HKC 67, 1 HKLR 396; Lam Mee Hing v Leung Hing Wah [1995] 3 HKC 247. Encumbrance 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: Conveyancing and Property Ordinance (Cap 219) s 2. As a general principle in conveyancing, a vendor must be in a position to convey the property contracted to be sold free from all encumbrances, except that the encumbrances are registrable but unregistered; that the encumbrances to which sale is expressly made subject to; and that the encumbrances of which the purchaser was aware when entering into the contract. See also Charge; Charge over land; Encumbrancer; Equitable charge. |
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