Private Encumbrances primarily deal with the ownership rights and relationships among property owners. These encumbrances can take various forms, such as easements, liens, and restrictive covenants, which directly affect how property can be used and what obligations owners have toward one another.
For instance, an easement allows one party to use another's land for a specific purpose, which can impact the property owner's ability to fully utilize their own land. Similarly, restrictive covenants may dictate certain conditions regarding how properties within a community should be maintained or what types of structures can be built, fostering a particular aesthetic or functional standard within a neighborhood.
This focus on the interactions and agreements between private parties distinguishes private encumbrances from public interests, such as those related to government seizure or regulatory restrictions. Understanding these relationships is essential for community association managers, as they have to navigate and enforce the various rights and restrictions that exist among property owners in a community.