What Property Lawyers Want You to Know About Liens and Encumbrances
2 min read
Buying or selling land, a home, or a building can be exciting, but it also comes with legal details that are easy to miss. Some of the most common issues in property deals are liens and encumbrances. These can affect ownership or slow down a sale.
Property lawyers Dubai deal with these issues often and want people to understand what they mean before making big decisions.
What Is a Lien?
A lien is a legal claim made against a property, usually because someone is owed money. For example, if a homeowner didn’t pay a contractor or failed to pay taxes, the person or group owed money can place a lien on the home. This means the property can’t be sold or refinanced until the debt is paid off. Property lawyers help check if any liens exist and work on getting them removed so the deal can go ahead smoothly.
What Is an Encumbrance?
An encumbrance is anything that limits the way a property can be used or affects the title. This can include things like easements, restrictions from a homeowners’ association, or even old claims that were never cleared. Some encumbrances are harmless and stay on the property even after it’s sold, but others might cause trouble.
Why These Issues Matter in a Sale:
When someone buys a property, they want to make sure they are getting full rights to it. If a lien or encumbrance is found during the sale, it can delay or even cancel the deal. Buyers may walk away, or sellers may need to fix the problem first. Property lawyers help both sides understand what’s on the title and what steps need to be taken to move forward.
How Property Lawyers Help Clear the Way:
One of the main jobs of a property lawyer is to run a title check. This means looking into public records to find any liens or encumbrances. If something shows up, the lawyer contacts the right people to fix it. They may also write letters, deal with banks or contractors, and prepare paperwork to clear the issue. This work helps protect buyers from future problems and gives sellers peace of mind. It’s better to know about liens and encumbrances before signing anything. Property lawyers help explain these terms in plain language and point out what to watch for. With the right advice, both buyers and sellers can make better choices and avoid surprises during or after the sale.
