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Encumbrances


 

An encumbrance is anything that negatively affects or limits the title of real or personal property, or the value of that property.

Encumbrances include:

Placing a value on the encumbrance can be difficult. To value an encumbrance you might determine how much the encumbrance reduces the Fair Market Value of the property. Sometimes this will be simple. If there is a lien for $5,000 against the property, then the amount of the encumbrance is $5,000. However, a cease and desist order stopping a current construction project because of a code violation will be a little more difficult. One way to value such an encumbrance might be what it will cost to bring the construction within the code.

Unless the valuation of the encumbrance is straight forward, you should consider consulting with an attorney or accountant for guidance.


Page Last Modified: 7/7/2015
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