Encumbrances, Liens, and Transfer of Title
Encumbrances
An encumbrance burdens title without necessarily preventing transfer: easements, encroachments, licenses, deed restrictions, party walls, and liens. Distinguish an easement appurtenant (benefits a dominant parcel, runs with the land) from an easement in gross (benefits a person or entity, such as a utility). A license is revocable and personal; an encroachment is a physical intrusion found by survey. Restrictive covenants run with the land when there is intent, notice, and touch-and-concern; courts enforce them but will not enforce racial or other unlawful restrictions.
Liens
Liens are voluntary (mortgage, deed of trust) or involuntary (tax, judgment, mechanic's, assessment). Classify as specific (attaches to one parcel) or general (all property of the debtor). Priority generally follows recording order - first to record, first in right - with two big exceptions: real property tax liens typically prime everything, and mechanic's liens generally relate back to the commencement of work or delivery of materials. A judgment lien attaches to the debtor's real property in the county where the judgment is recorded.
Transfer of title
Deeds: general warranty (broadest covenants), special warranty (grantor warrants only against claims arising through the grantor), bargain and sale, and quitclaim (no warranty at all - conveys only whatever interest the grantor has). A deed is valid only if delivered and accepted. Recording protects subsequent purchasers; marketable title is title free of objectionable encumbrances. Title also passes by inheritance, adverse possession, foreclosure, and court order.
Worked example: A lender records its mortgage January 10; a contractor first delivered materials January 5. Because the mechanic's lien dates from commencement of work, it can prime the earlier-recorded mortgage - a classic priority question.