How are encumbrances eliminated?

Encumbrances in property law are claims or restrictions on the title of a property. In Florida, obtaining clear title to a property means the elimination of all encumbrances. The most common way to eliminate encumbrances is by paying off any existing liens or mortgages. Liens are claims made against a property when a borrower fails to pay money owed. In Florida, an owner can pay off all outstanding liens to clear title, or a buyer could purchase the property with the liens attached and then pay them off. If there are other types of encumbrances, like easements or restrictive covenants, the owner must seek permission from the encumbrance holder to remove them. If the owner does not receive permission, they may need to apply to the court for an order to remove the encumbrance. In some cases, the builder or developer can remove encumbrances like restrictive covenants without permission. This is done by filing a new deed with the Clerk of Circuit court, which states that the encumbrance has been removed and the title is now clear. Finally, a lawyer or title company can conduct a title search to locate any potential encumbrances on the property. Title searches are often necessary when purchasing property, to ensure that the title is free of encumbrances. In summary, encumbrances in Florida can be eliminated in several ways, including paying off liens, obtaining permission from the encumbrance holder, filing a new deed with the Clerk of Circuit court, or conducting a title search.

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