A comprehensive 25-article resource covering easements, encroachments, property liens, judgments, encumbrances, and everything that affects your property rights. From understanding what runs with the land through complex title clearance issues, this guide has you covered.
General Educational Information
The articles in this guide provide general educational information about easements, encroachments, property rights, liens, and related real estate matters. Laws, regulations, and title practices vary by jurisdiction. This content does not constitute legal advice, a title opinion, or a commitment to insure. Consult qualified professionals for advice specific to your transaction.
Easements, encroachments, liens, and encumbrances affect the bundle of rights that comes with property ownership. Whether you are buying, selling, or investing, understanding what burdens or benefits run with the land is essential knowledge for every real estate transaction.
This 25-article series covers the full spectrum: easement basics and types, encroachment identification and resolution, lien fundamentals through complex priority questions, judgment liens, tax and HOA liens, releases, curative work, and how title searches protect buyers. Start with What Is an Encumbrance? or What Is a Property Lien? for the fundamentals.
Texas-specific guidance on easements, liens, and property rights. Texas law on homestead protections, property tax liens, judgment liens, and mechanic's liens has unique features every property owner should know.
Learn about Texas Property RightsArizona-specific guidance on easements, liens, and property rights. Arizona's community property laws, lien statutes, and desert water rights create a distinct legal landscape for property owners and investors.
Learn about Arizona Property RightsThe complete guide to title insurance fundamentals.
Schedule A, Schedule B, requirements, and exceptions.
Title defects, curative work, and difficult title situations.
The complete escrow and closing process.
Investor-specific title and closing strategies.
Creative financing, seller financing, and wraparound mortgages.
What liens and encumbrances are, how they differ, and whether you can buy or sell a property when a lien exists.
A property lien is a legal claim or charge against real estate, usually connected to a debt or financial obligation. A lien does not mean someone else owns the property, but it can affect selling or refinancing until it is addressed.
Read ArticleAn encumbrance is a claim, right, restriction, lien or other interest affecting real property. Some encumbrances involve money, while others affect how the property can be used or enjoyed.
Read ArticleA lien is generally a financial claim securing a debt. An encumbrance is the broader category of claims, rights, restrictions, and interests affecting property. Every lien can be an encumbrance, but not every encumbrance is a lien.
Read ArticleYes, a house with a lien can often still be sold. Valid liens are typically paid from the seller's closing proceeds and releases are obtained as part of the closing process.
Read ArticleYes, a buyer can contract to purchase a property that has liens. Liens that are not intended to remain are addressed through the title and escrow process before or at closing.
Read ArticleHow court judgments become liens against real estate and whether they can prevent a closing.
A judgment lien is a lien that may attach to real property as a result of a court judgment when the creditor takes the steps required under state law to create or perfect the lien.
Read ArticleYes, if a judgment creates a lien affecting the property or seller and cannot be appropriately satisfied, released, subordinated, excluded, or otherwise addressed before the title insurer will issue coverage.
Read ArticleStatutory claims by contractors, suppliers, and taxing authorities and how they affect title.
A mechanic's lien is a statutory claim that certain qualifying contractors, subcontractors, laborers, or suppliers may assert against real estate for unpaid labor or materials used to improve the property.
Read ArticleA tax lien is a government's legal claim against property or assets for unpaid taxes. Common types include property tax liens, federal tax liens, and state tax liens.
Read ArticleDelinquent property taxes can create a lien against the property and may need to be paid before or through closing. Continued delinquency can bring penalties, interest, and potential collection procedures.
Read ArticleA federal tax lien is the United States government's legal claim against a taxpayer's property after applicable federal tax requirements are met. The Notice of Federal Tax Lien may be filed publicly.
Read ArticleLiens arising from homeowners associations, child support obligations, and divorce proceedings.
An HOA lien is a claim an eligible homeowners association may assert against property for unpaid assessments, dues, fees, or fines as permitted by law and the governing documents.
Read ArticleYes, unpaid HOA assessments can delay or stop a closing if the association has a lien or payment demand that must be resolved before title insurance can be issued.
Read ArticleUnpaid child support can, under applicable law, create liens or other enforcement claims affecting a person's real estate or sale proceeds.
Read ArticleDivorce decrees, judgments, property settlements, support obligations, and deeds executed during divorce proceedings can all affect ownership and title to real estate.
Read ArticleHow competing claims are resolved when multiple liens exist and which get paid first.
When a seller has multiple liens, the title and closing team identifies each claim, determines priority and payoff requirements, and calculates whether sufficient proceeds exist to resolve all obligations.
Read ArticleThe order in which liens are paid depends on applicable law, lien type, recording dates, contractual rights, and special statutory priority rules.
Read ArticleLien priority determines the relative order of competing claims against property. It affects who gets paid first from sale proceeds and whether certain liens survive foreclosure or other proceedings.
Read ArticleLiens that must be satisfied are commonly paid from the seller's proceeds through the settlement process. The title company coordinates payoffs and obtains releases.
Read ArticleSometimes a lienholder may accept less than the full amount, modify its demand, subordinate its position, or provide another resolution to facilitate a real estate closing.
Read ArticleUnderstanding lien releases, why old liens persist on title records, and what to do about paid-off loans still showing.
A lien release is documentation showing a lienholder's claim has been satisfied, terminated, or released. Depending on the type of lien, it may be called a release of lien, satisfaction, release of mortgage, reconveyance, or discharge.
Read ArticleA released lien may continue appearing on title records until the release document is properly recorded and indexed by the county recorder's or clerk's office.
Read ArticleA paid-off loan may still appear on title because the release, satisfaction, or reconveyance was never recorded, was recorded incorrectly, cannot be matched by the title searcher, or has not yet been indexed.
Read ArticleHow title searches protect buyers from unknown liens and what happens when hidden claims are discovered.
Yes, a property can have liens a buyer does not discover through casual online search. A professional title search examines relevant public records, but certain risks may still be improperly indexed, recently created, off-record, or otherwise difficult to discover.
Read ArticleA title search examines relevant public records to identify ownership history, recorded liens, judgments, mortgages, tax matters, and other interests. It is the first line of defense against unknown liens.
Read ArticleEach article in this series is designed to be read independently. Start wherever you need. If you have a specific type of property right issue in mind, use the section headings above to find the relevant topic. For the best foundation, begin with What Is a Property Lien? or What Is an Encumbrance?.
1st Option Title handles transactions of all types, including the ones with complex easement issues, encroachments, and difficult lien situations. If you have a property with title concerns, bring us the hard stuff.