When you are buying or leasing any land whether farming land, commercial land or residential land it is vital to review the title for the existence of any registered encumbrances. WA Property Lawyers provide this service as a matter of course with every settlement.
An encumbrance is a legal interest held by or duty owed to someone other than the registered proprietor (legal owner) of property. It creates a burden, obstruction or impediment placed (in most cases) on the certificate of title of the land. An encumbrance exists where a person other than the registered proprietor of land has a right or interest in land that restricts or impairs the transfer of the land. Typical encumbrances placed on properties are liens (such as mortgages) and limitations (being easements, covenants and restrictions).