INCUMBRANC

INCUMBRANCE. Whatever is a lien upon an estate.
     2. The right of a third person in the land in question to the 
diminution of the value of the land, though consistent with the passing of 
the fee by the deed of conveyance, is an incumbrance; as, a public highway 
over the land. 1 Appl. R. 313; 2 Mass. 97; 10 Conn. 431. A private right of 
way. 15 Pick. 68; 5 Conn. 497. A claim of dower. 22 Pick. 477; 2 Greenl. 22. 
Alien by judgment or mortgage. 5 Greenl. 94; 15 Verm. 683. Or any 
outstanding, elder, and better title, will be considered as incumbrances, 
although in strictness some of them are rather estates than incumbrances. 4 
Mass. 630; 2 Greenl. 22; 22 Pick. 447; 5 Conn. 497; 8 Pick. 346; 15 Pick. 
68; 13 John. 105; 5 Greenl. 94; 2 N. H. Rep. 458; 11 S. & R. 109; 4 Halst. 
139; 7 Halst. 261; Verm. 676; 2 Greenl. Ev. Sec. 242. 
     3. In cases of sales of real estate, the vendor is required to disclose 
the incumbrances, and to deliver to the purchaser the instruments by which 
they were created, or on which the defects arise; and the neglect of this 
will be considered as a fraud. Sugd. Vend, 6; 1 Ves. 96; and see 6 Ves. jr. 
193; 10 Ves. jr. 470; 1 Sch. & Lef. 227; 7 Serg. & Rawle, 73. 
     4. Whether the tenant for life, or the remainder-man, is to keep. down 
the interest on incumbrances, see Turn. R. 174; 3 Mer. R. 566; 6 Ves. 99; 4 
Ves. 24. See, generally, 14 Vin. Ab. 352; Com. Dig. Chancery, 4 A 10, 4 I. 
3; 9 Watts, R. 162.