What is a non-possessory interest in property that burdens the title called?

A non-possessory interest in property that burdens the title is referred to as encumbrance. Encumbrances are claims, liabilities, or restrictions that affect the property’s title and can include mortgages, liens, easements, or restrictions on the use of the property. When discussing real estate, an encumbrance can diminish the value of the property or impact the owner's ability to transfer ownership or utilize the property fully.

In real estate transactions, understanding encumbrances is crucial for buyers and sellers alike, as these interests can influence marketability and the rights of the property owner. For example, a mortgage is a common encumbrance for a property, representing a lender's interest in the property until the debt is satisfied.

Recognizing the other options provides a clearer understanding of how encumbrances differ from other concepts. Equitable title refers to a person’s right to obtain full ownership of the property, not necessarily creating a burden on the title. Encroachment pertains to a situation where a structure or element illegally intrudes onto someone else's property, which is different from a legal claim against the property itself. Eminent domain is the power of the government to take private property for public use, which also does not relate to a non