Incumbrances Clause Samples
The Incumbrances clause defines the obligations of a party, typically a seller, to ensure that the property or asset being transferred is free from any legal claims, liens, or other third-party interests that could affect ownership or use. In practice, this clause requires the seller to disclose any existing encumbrances, such as mortgages, easements, or unpaid taxes, and often obligates them to resolve these issues before or at the time of transfer. Its core function is to protect the buyer by ensuring they receive clear and unencumbered title, thereby minimizing the risk of future disputes or financial liabilities related to the asset.
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Incumbrances. The tenancy created by this Lease is subject to the matters referred to in Schedule 4 and the Tenant covenants to comply with all obligations arising from those matters (save as to payment of rents and so far only as the same relate to the Premises).
Incumbrances. To comply with all covenants and other matters relating to the Premises or to any of the rights granted by this Underlease (and in particular those contained or referred to in any documents specified in schedule 7) so far as they are enforceable
Incumbrances. The Property is transferred subject to and (where appropriate) with the benefit of the matters (if any) referred to in the Property and Charges Registers of the title numbers referred to in Schedule I (insofar as they are still subsisting and affect the Property and are capable of being enforced) as at 27 March 2006 and the Transfer
Incumbrances. 9.1 The Lot is sold subject to and (where appropriate) with the benefit of the matters contained or referred to in the Land Register. The Lot is sold free of all incumbrances save those restrictive covenants and conditions registered against every Lot in the Development.
9.2 The Purchaser, or the Purchaser’s Attorney, having reviewed a copy of the Land Register prior to the Completion Date, the Purchaser shall be deemed to purchase with full notice and knowledge of the same and shall not raise any requisition or make any objection in relation to matters contained in the Land Register.
9.3 The Purchaser hereby covenants that the Purchaser will observe and perform the covenants and conditions, registered against every Lot in the Development, contained or referred to in the Land Register and will indemnify and keep the Vendor and his successors in title fully and effectually indemnified against all actions proceedings damages costs claims and expenses which may be suffered or incurred by the Vendor or his successors in title in respect of any future breach or non-observance or non- performance of those covenants and conditions.
Incumbrances. The Property is sold subject to and, if applicable, with the benefit of the Incumbrances.
Incumbrances. 8 Any matters contained or referred to in the property, proprietorship and charges registers of the Landlord’s Registered Title. 9 Any easement, right, privilege or interest in the nature of an incumbrance currently existing and affecting the Property (whether or not disclosed in replies to enquiries raised by the Tenant's solicitors).
Incumbrances. 12.1 The Property is sold subject to and (where appropriate) with the benefit of the matters contained or referred to in the registers of the above mentioned title number that are disclosed in office copies dated 18th December 2002 save for any charges of a financial nature
12.2 The Buyer's Solicitors having been supplied with copies of the matters contained or referred to in the registers as at 18th December 2002 prior to the date of this agreement the Buyer shall be deemed to purchase with full knowledge and notice of the same and shall not make any objection or raise any requisition in relation to them save in respect of any disclosed by pre-completion searches or any charges of a financial nature
12.3 The Property is sold subject to any overriding interests
Incumbrances. Without prejudice to and (where relevant) in addition to the covenants on the part of the Tenant contained in these Presents to observe and perform all the restrictions covenants stipulations provisions and other matters contained or referred to in the documents (if any) referred to in Schedule 9 so far as they relate to the Premises and are still subsisting and capable of taking effect and (so far as aforesaid) to keep the Landlord indemnified from and against all consequences of their breach non-observance or non-performance
Incumbrances. 6.1 The Property is let subject to:
(A) the matters contained or referred to in or affecting the title to the Property produced or deduced to the Tenant prior to the date hereof except for entries or other charges to secure monies;
(B) all matters capable of registration as local land charges or otherwise whether registered or not;
(C) all notices served and proposals, requirements or agreements made (whether or not subject to confirmation) by or (as the case may be) with any competent authority or arising under statute other than in respect of matters
Incumbrances. All matters referred to in the property and charges register of title number NN184271 as at 2 September 2005 at 17:46:18 (save for any financial charges).