XXX encumbrance "has been defined to be every right to, or interest in, the land which may subsist in third
persons, to the diminution of the value of the land, but consistent with the passing of the fee by the
conveyance; any (act) that impairs the use or transfer of property or real estate . . ." (42 C.J.S., p. 549).
XXX
XXX encumbrance is sometimes construed broadly to include not only liens such as mortgages and taxes, but
also attachment, LEASES, inchoate dower rights, water rights, easements, and other RESTRICTIONS on
USE." (Capitalization is Ours) (533 Pacific Reporter [second series] 9, 12).
(Melania Roxas v. Hon. Court of Appeals and Antonio Cayetano G.R. No. 92245, June 26, 1991)
Encumbrance has been defined as "[a]nything that impairs the use or transfer of property; anything which
constitutes a burden on the title; a burden or charge upon property; a claim or lien upon property." It may be a
"legal claim on an estate for the discharge of which the estate is liable; and embarrassment of the estate or
property so that it cannot be disposed of without being subject to it; an estate, interest, or right in lands,
diminishing their value to the general owner; a liability resting upon an estate."
(Republic of the Philippines v. CA et al, G.R. No. 100709, November 14, 1997)