What term is used for a claim or lien against a property that restricts the owner's rights?

Prepare for the Louisiana 90-Hour Course exam on Real Property, Ownership, Deeds, and Auctions. Use flashcards and multiple choice questions with detailed explanations to ensure you're ready for your exam!

The term "encumbrance" refers to a claim or lien against a property that affects the owner's rights and may restrict how the property can be used or transferred. This can include mortgages, easements, or any other type of claim that can impact the property's title or value. Encumbrances can affect an owner's ability to sell or lease the property, as the new buyer or tenant would need to acknowledge and deal with these claims.

In contrast, while an easement is a specific type of encumbrance that allows someone to use a portion of the property for a particular purpose (like a utility company accessing power lines), it does not encompass all types of claims against a property. Encroachment involves a physical intrusion onto another's property, which affects adjacent land rather than the owner's rights to their property directly. Estoppel is a legal principle that prevents someone from arguing something contrary to a previously established fact or claim, but it does not pertain to the ownership or claims on property in the same way that encumbrance does.

Thus, encumbrance is the correct term to describe a claim or lien that restricts the owner's rights to their property, encompassing a broader range of legal implications than the other options presented.

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