Term
Encumbrance (Easement)
Encumbrances are limited (non-transferable) rights in rem to a third-party object that can be enforced against anyone. Through this, the owner is obligated to condone or refrain from something to another’s advantage. This is characterised by the object owner’s obligation not of active behaviour, but rather only of tolerance or refraining. It is, however, important that encumbrances are exercised very carefully so that they cause as little difficulty as possible to the owner. In addition, an encumbrance may not be extended without authorisation. Examples of encumbrances include basic easements (real easement), usufruct, or the right to a home.