Freedom From Encumbrance Law and Legal Definition

Freedom from encumbrance refers to the freedom of property from the binding rights of parties other than the owner. In contracts for the sale of goods, there is an implied warranty that the goods are free from any encumbrance. Encumbrance includes a charge not disclosed or known to the buyer before the contract was made.

A general warranty of title against claims from all persons includes covenants of a right to sell, of quiet enjoyment, and of freedom from encumbrances. [O.C.G.A. § 44-5-62].