Encumbrances include

• A. title defects
• B. property liens, deed restrictions, easements, profits à prendre (aka profits), and encroachments
• C. zoning ordinances
• D. mortgage obligations

Answer: (B)

Encumbrances are claims or burdens on a property that affect its title or its use. The classic examples include property liens (such as mortgages and other debts), deed restrictions or covenants, easements that grant someone else the right to use part of the property, profits à prendre (the right to take something from the land, like timber or minerals), and encroachments (structures from a neighboring property that intrude onto the land). This combination covers the typical ways a property can be burdened and pass with title.

Title defects describe problems with the title itself, not burdens that run with the property. Zoning ordinances are government regulations that affect how a property can be used, rather than private encumbrances. Mortgage obligations are a type of lien, which is already encompassed within property liens. Therefore, the most complete and correct set of encumbrances is the list that includes liens, deed restrictions, easements, profits à prendre, and encroachments.