#Encumbrance

[dungeoneerfieldguide]

[pantmonger]

Bulky Encumbrance. After waffling about weight tracking, reading heaps of systems, I made on a simple variant. It's not 'realistic'. It exclusively tracks only bulky objects and hand waves the light stuff. I feel it will be fit to my purpose. Testing awaits.

[thellawtoknow]

Encumbrance as a Legal Term: An In-Depth Exploration

Encumbrance as a Legal Term: An In-Depth ExplorationDefinition and General Scope Types of Encumbrances1. Liens 2. Easements 3. Restrictive Covenants 4. Zoning and Regulatory Restrictions 5. Encroachments 6. Licenses Legal Implications and Significance of Encumbrances1. Title Examination and Marketability 2. Transfer of Property 3. Dispute Resolution 4. Legal Remedies Encumbrance in Comparative Legal Systems Conclusion Encumbrance as a Legal Term: An In-Depth Exploration The term encumbrance is a foundational concept in property law, real estate transactions, and related legal domains. Its implications extend to financial obligations, physical limitations, and legal restrictions imposed on property, affecting ownership, transferability, and use. Understanding the multifaceted nature of encumbrance is essential for navigating legal transactions and ensuring compliance with statutory obligations.

Definition and General Scope In its broadest sense, an encumbrance refers to any claim, lien, charge, or liability attached to property that may diminish its value, restrict its use, or interfere with its free transfer. Encumbrances can be categorized into monetary and non-monetary types. While monetary encumbrances typically involve financial claims such as mortgages and liens, non-monetary encumbrances may include easements, restrictive covenants, and zoning ordinances. Although encumbrances do not negate ownership rights, they can significantly impair the owner's ability to fully exercise these rights. Types of Encumbrances Encumbrances significantly influence property rights and transactions by imposing obligations, restrictions, or rights on property use and ownership. Each type of encumbrance serves specific purposes and has distinct legal implications. Below, we delve deeper into the various types of encumbrances: liens, easements, restrictive covenants, zoning and regulatory restrictions, encroachments, and licenses. 1. Liens Liens are perhaps the most prominent type of encumbrance, providing creditors with a legal claim to property to secure the repayment of a debt. Mortgage Liens A mortgage lien is created when a borrower pledges property as collateral for a loan. In case of default, the lender has the right to foreclose on the property, sell it, and recover the outstanding loan amount. Mortgage liens are the most common form of lien and are typically resolved during property sales by using the proceeds to clear the debt. Tax Liens Governments impose tax liens for unpaid property taxes or other statutory obligations, such as income or business taxes. These liens take precedence over most other encumbrances, making them particularly significant. Properties with unpaid tax liens can be subject to tax sales or foreclosure proceedings. Mechanic’s Liens Mechanic’s liens secure payment to contractors, suppliers, or laborers who have improved a property but were not paid for their work. For example, if a contractor renovates a home and the homeowner fails to pay, the contractor can place a lien on the property until the debt is settled. Mechanic’s liens must usually be filed within a specific timeframe, varying by jurisdiction. Judgment Liens Judgment liens arise when a court awards a creditor the right to claim a debtor's property to satisfy a legal judgment. These liens can encumber both real and personal property, significantly affecting the owner's ability to sell or refinance assets. Impact on Transactions Liens must typically be resolved before a property can be transferred. Buyers often require sellers to clear liens to ensure they receive clear and marketable title, often through escrow arrangements. 2. Easements Easements grant specific use or access rights to non-owners, serving diverse purposes that range from infrastructure development to personal access. Appurtenant Easements These easements benefit a specific parcel of land (the "dominant estate") and burden another (the "servient estate"). For instance, a driveway easement may allow the owner of a landlocked property to access a public road through a neighboring property. Appurtenant easements typically run with the land, binding future owners of both estates. Easements in Gross These easements benefit an individual or entity rather than a parcel of land. Examples include utility easements for laying pipes or cables and personal easements for recreational access. Unlike appurtenant easements, they may not transfer with property ownership unless explicitly stated. Prescriptive Easements These arise when a party uses another's land openly, continuously, and without permission for a statutory period, gaining legal rights to that use. For instance, if a neighbor consistently crosses a property without objection for a decade, they may acquire a prescriptive easement. 3. Restrictive Covenants Restrictive covenants are agreements that limit how property may be used, often serving to maintain uniformity or property values in a neighborhood or development. Examples - Architectural Controls: A homeowner association may restrict the design, materials, or color schemes of buildings to maintain a cohesive aesthetic. - Land Use Restrictions: Covenants might limit properties to residential use, prohibiting commercial or industrial activities. - Prohibited Activities: Rules may ban activities such as raising livestock, parking RVs, or operating home-based businesses. Restrictive covenants are typically recorded in the property deed or homeowner association bylaws. While they can preserve property values, overly restrictive or outdated covenants may become contentious and difficult to enforce. 4. Zoning and Regulatory Restrictions These encumbrances are imposed by government authorities to regulate land use, ensure public safety, and achieve community planning objectives. Zoning Laws Zoning ordinances divide areas into zones, such as residential, commercial, industrial, or agricultural, and impose restrictions on allowable uses within each zone. For example, a residential zone might prohibit the establishment of a factory. Building Codes Regulations on construction standards, such as structural integrity, fire safety, and accessibility, ensure that properties meet minimum safety requirements. Environmental Regulations Properties in ecologically sensitive areas may face additional restrictions, such as limits on tree removal, water usage, or land alteration to protect natural resources. These encumbrances, while serving public interests, can impose significant limitations on private property development and use. 5. Encroachments Encroachments occur when a structure or object from one property intrudes into another's property. Examples - A neighbor's fence that extends beyond the property line. - A tree whose branches or roots encroach onto adjacent land. - A garage or shed built partially on another property. Encroachments can lead to disputes over property boundaries and rights. Courts may order the removal of encroachments, require compensation for the affected party, or recognize the encroachment as legitimate if it has existed without objection for an extended period. 6. Licenses Licenses are temporary permissions to use property for specific purposes, granted at the discretion of the property owner. Characteristics - Non-Transferable: Licenses are personal and do not transfer to future owners. - Revocable: The licensor can terminate the license at any time, unless it is coupled with an interest or bound by contractual terms. Examples - Permission to hunt, fish, or camp on private land. - A ticket to a sporting event, which grants temporary access to the venue. While licenses are not typically considered formal encumbrances, they can affect property use and rights during their term. Each type of encumbrance reflects a balance between individual property rights and the interests of others, whether creditors, neighbors, or the public. While they may restrict ownership and use, encumbrances serve essential roles in facilitating financial security, infrastructure development, and community regulation. Understanding the nuances of these encumbrances is vital for property owners, buyers, and legal practitioners to navigate their implications effectively. Legal Implications and Significance of Encumbrances Encumbrances play a critical role in property law, directly influencing ownership, transferability, and property disputes. Their presence requires careful navigation of legal frameworks to protect stakeholders’ rights and interests. Below, we explore in greater depth the legal implications of encumbrances in four key areas: title examination and marketability, property transfer, dispute resolution, and legal remedies. 1. Title Examination and Marketability The marketability of a property title is fundamental in real estate transactions. An encumbered title may deter potential buyers, impede financing, or even render the property unsellable if the encumbrance significantly affects its use or value. Undisclosed Encumbrances Undisclosed encumbrances pose a unique challenge. For example: - Hidden Liens: A lien from a previous owner that was never properly discharged could surface, placing the property at risk of foreclosure. - Easements: Undocumented easements may limit how a buyer can use the land. For instance, an easement for public access could hinder plans for private development. To address these risks, title searches are a standard step in property transactions. These searches involve reviewing public records to identify existing encumbrances. If issues are found, title insurance is often used to protect the buyer and lender from financial loss due to unforeseen claims against the property. Impact on Value Encumbrances can significantly diminish property value, particularly in cases where: - The property cannot be used as intended due to zoning restrictions or restrictive covenants. - Ongoing litigation related to an encumbrance deters buyers or reduces their willingness to pay market rates. 2. Transfer of Property Encumbrances are particularly significant during property transfers, as they can complicate or delay the transaction. Negotiation and Removal Buyers and sellers often engage in negotiations to address encumbrances before closing: - Liens: Buyers may require the seller to clear outstanding liens by paying debts or settling disputes. - Restrictive Covenants: A buyer might renegotiate terms if covenants are overly restrictive, such as those limiting commercial use of the property. In some cases, encumbrances can be transferred with the property. For example, easements and certain covenants often "run with the land," binding future owners. Buyers must be fully informed of these conditions to avoid unexpected liabilities. Disclosure Obligations Sellers are typically required by law to disclose known encumbrances. Failure to do so may lead to legal consequences, including rescission of the sale, monetary damages, or litigation. 3. Dispute Resolution Encumbrances are a common source of legal disputes, often requiring judicial intervention to resolve. Boundary Disputes and Encroachments Conflicts often arise when a structure or feature, such as a fence or driveway, encroaches onto neighboring property. Courts may order the removal of the encroachment or require compensation for the affected owner. Breach of Restrictive Covenants Restrictive covenants, especially in residential developments, can lead to litigation when homeowners violate terms such as architectural standards or land use restrictions. Courts typically assess whether the covenant serves a legitimate purpose and whether enforcement would be equitable. Priority of Claims In cases involving multiple liens or creditors, disputes over the priority of claims can arise. Courts may determine which party has the superior claim based on the timing and nature of the encumbrance. Interpretation of Easements Disputes over the scope of easements, such as the allowable width of a right-of-way, frequently require court interpretation. The resolution often hinges on the original intent of the parties involved and any recorded agreements. 4. Legal Remedies When encumbrances create obstacles or disputes, affected parties may seek various legal remedies: Negotiation and Settlement Parties often attempt to resolve encumbrance issues through negotiation, avoiding the time and cost of litigation. Settlements may include financial compensation or modifications to the encumbrance. Litigation If negotiation fails, litigation may be necessary. Common legal actions include: - Quiet Title Actions: These are used to clear a property’s title by resolving conflicting claims, often involving liens or disputes over ownership. - Injunctions: Courts may issue injunctions to prevent or stop violations of restrictive covenants or unauthorized use of easements. - Damages: Monetary damages may be awarded to compensate for losses caused by encumbrances, such as reduced property value or lost business opportunities. Statutory Solutions Many jurisdictions offer statutory remedies to simplify the resolution of encumbrances: - Lien Waivers: Mechanisms for removing certain liens upon payment or resolution of debts. - Condemnation Proceedings: In cases of public easements, governments may compensate property owners for restrictions placed on their land. Reformation or Removal In cases where an encumbrance was improperly recorded or is no longer relevant, courts may order its removal or modification. For example, outdated restrictive covenants that conflict with modern land use may be struck down as unenforceable. Encumbrances serve important legal and practical functions, balancing private property rights with societal and financial interests. However, their presence can introduce complexities, particularly in property transactions and disputes. A robust legal framework, combined with thorough due diligence, ensures that encumbrances are appropriately managed, protecting all parties involved while preserving the integrity of property rights. Understanding and navigating these implications is essential for property owners, buyers, and legal professionals alike. Encumbrance in Comparative Legal Systems While the fundamental principles of encumbrance are universal, the specifics may vary across legal systems. For instance: - Common Law Jurisdictions (e.g., the United States, United Kingdom): Property rights are robustly protected, with encumbrances meticulously documented through registries. - Civil Law Jurisdictions (e.g., France, Germany): Emphasis is placed on codified rules that govern the creation and enforcement of encumbrances, often with a focus on balancing individual and public interests. In international real estate transactions, differences in how encumbrances are treated can complicate deals and necessitate expert legal advice. Conclusion Encumbrances are an integral part of property law, shaping the rights and responsibilities of property owners, creditors, and third parties. While they can enhance public utility or ensure contractual obligations are met, they also pose significant challenges to property transactions and ownership rights. As legal instruments and societal needs evolve, the concept of encumbrance will remain critical in balancing individual ownership with collective interests, making its understanding indispensable for legal practitioners and property stakeholders alike. Read the full article

[shericonaway]

Embarking on A New Journey

Time for a New Journey Lately, I’ve been feeling like a left shoe in a room full of right feet in all my usual hangouts. Any connection I might have felt before seems to have been severed, leaving me there, and yet, outside an invisible barrier; participating, talking, and even laughing at times, but somehow, missing the actual joke. My journey is shifting to another plane; another dimension;…

[superstrijder00]

I feel like a significant part of people thinking resource management or inventory mechanics in ttrpgs suck is that they suck in D&D and that dominates the genre for a lot of people.

It feels to me like 5e is still in the inventory equivalent of the THAC0 era. You have to do a bunch of math to keep track of weights all the time, and when something goes wrong (for example you forgot to do the math because you were excited for the roleplaying also happening while shopping) you have to do extra math to make up for it. All the math comes with writing and erasing.

That 'do math and if number above X bad things happen' just doesn't seem like a fun system to me. However I managed to come up with a different system in 5 minutes! It goes like this:

Give physical tokens to items you care about and to bags. Note that rp only items or items you don't feel like tracking just don't get tokens. Write them down somewhere or make a seperate set of tokens for them or whatever. Each item becomes a physical thing with a shape, so a sword may be 2x8 squares of space, a wagon wheel may be the closest a 6x6 square thing can be to a circle, a tent may be a 3x3 pack.

All bags are then given a specific size and shape, and potentially attachment points on their outside. You then put items in so they all fit in your bags, with a few items on the outside attachment points.

I think this system could work at different scales too, such as to fill an entire wagon or ship. If you are planning to run a campaign where central things are whether the players brought the right items with them on their perilous journey, this seems way more fun than D&D encumbrance and it encourages bringing as much as you can carry but not too much, due to the visual nature.

I've seen several indie projects take aim at producing a tabletop RPG which adapts or is in some sense inspired by Minecraft, all of which have eventually either stalled out or concluded that the task is impossible, and I think the basic problem is that the greater part of the indie RPG developer community seems to take it as an article of faith that heavy, complex inventory and resource management mechanics in tabletop RPGs are a bad design pattern that nobody enjoys engaging with – some people have been fooled into thinking they do, but it's only their lack of exposure to alternatives that prevents them from realising they're not really having fun – and that's an attitude that's fundamentally at odds with recognising why people Minecraft.

[splickedylit]

Things I never get tired of writing

weird cultural worldbuilding, especially with strange, intricate social norms and power dynamics

characters playing little made up card games with implied bizarre, convoluted rules where I blatantly rip off the vibe of Pokemon, MTG, Duel Monsters/Yugioh etc

we see one of my favs from an outside POV: they are hot, badass, terrifying, tragic, or any/all of the above

[isfjmel-phleg]

No matter what you may have heard, Young Justice did not in fact kill Santa. He collided with a villain that they were trying to fight, and the collision resulted in an explosion that obliterated both Santa and the villain. Young Justice witnessed this happening and even tried to prevent it but were not actively involved in this disaster.

They did, however, choose to fill in for Santa and proceed to take two months, three weeks, and five days (until about March 23, nearly Easter!) to finish the job. That was totally voluntary on their part.

So if they deserve to be given any grief, it's not for killing Santa but for taking so. darn. long. to deliver Christmas presents. They have a speedster and two others with lesser but still enhanced speed powers on the team, for crying out loud; there's no excuse for this. For shame, guys.

(please note the joking tone of this post. and read Young Justice 1998 #40 for yourself for the whole story.)

[thewitchness]

I started up a new as a Vlandian (full stop) and asked Dethert to give me one of his boys as a husband and yer man looks like he'd tell me to follow him because he's delicious.

[rampagingpoet]

There's a perfect example of how encumbrance can create tradeoffs in the 3d6 Down the Line playthrough of Ardun Vul.

Spoiler-Free TL;DR: Running into literally more treasure than they can carry has resulted in a lot of decisions about how to safeguard both the treasure they were able to bring out of the dungeon and the treasure they had to leave behind.

And also in some cases left characters dangerously low on gear in order to carry as much loot as possible back out.

Details under the cut.

While searching for Isocritus's hidden entrance to the dungeon, the AV Club broke into the ruins of a gladatorial school. In its basement they found a masssive hollow stone block filled with treasure. Hundreds of gold solidi, the massive coins of the old empire, and a wealth of jewelry and art objects.

They prioritized carrying the jewelry due to its great value relative to its weight. Most of the rest was left behind. There was some discussion about how best to move and guard such a large haul, but ultimately they decided it was safe in thr hidden block and could be dealt with later.

Unfortunately, their next delve did not go to plan. Investigating some of the hidden rooms near the baboons' territory, they triggered a teleporter to a deep section of the dungeon with no way home.

The AV Club made theircway into a mostly-abandoned sublevel through a secret door. There was enough treasure thstcthey began leaving gear - especially light sources - behind. After all, Avaricios could light the way with continual light! They loaded their ally Jost up with as much silver as he could carry. This backfired when another teleporter split the party.

One group ended up on the surface. One group ended up in a grand hall. And the finsl group, the people that didn't end up going through either teleporter, were still stuck somewhere at the bottom. With only one torch left because they'd left the others back below.

But that was only one of the problems. The AV Club was stuck in the dungeon for several days straight. With the main party apparently gone, one of their retainers made his own plans to retrieve the hoard left under the gladiatorial school. Now they were in a race against time to head off a whole platoon of mercenaries bent on carting off the money they'd risked their lives to locate! And even worse, the innkeepers seemed to be in on the plan. They no longer felt safe leaving anything of value on the premises - so they loaded their entire stash up and hauled it back into the dungeon!

All three of these situations (how to get the treasure out, how to keep their hoard safe, how to prioritize their carrying capacity) arose naturally in play from the encumbrance mechanics. Vast swathes of gameplay would have disappeared if they could just carry everything all the time.

sometimes i think about how one of the most common things excised from D&D-but-without-most-of-the-rules games is carry weight, which makes the bag of holding entirely worthless outside of bringing up the portable black hole fun fact. bizarre phenomena

It is funny yeah. Like, here we have an item whose very existence within the game makes it clear that this is a game that cares about logistics and carrying capacity (even though within the context of 5e carrying capacities are so huge they don't even become an issue) and then people will be like "Hmmm actually I like D&D but I hate logistics and resource management."

It is funny for the reasons you mentioned, like wow this neat magic item is only relevant when you play according to the rules, but also because it is one of the most apt examples of a disconnect between what the rules say you should care about and what people actually care about. And that's sad!

[dungeoneerfieldguide]

https://www.artstation.com/charleslin

[chrollogy]

favourite author just updated a chapter on their hq fic oh i am sleeping well tonight 🤞🏼

[anarcho-karlachism]

.

[uncertainwallflower]

EXPECTATION'S ENCUMBRANCE Chapter 1. Rating: G.

“I can only walk through so many manicured gardens and muddy lanes, Mama,” said Lillian one morning, a week before Lord and Lady Bauffremont’s arrival.

“You can join Tuney and myself for luncheon today with Lady Bagshot.”

Lillian scrunched her nose.

“Lily does not enjoy Lady Bagshot’s company,” said Tuney. “She thinks herself above her intellectually.”

“I do not think myself above her, only that luncheon will provide little entertainment. Lady Bagshot is under the impression that George II is still King.” Lillian added the last part with a smile and was scolded harshly by her mother for it.

AO3

[redwizardofgay]

I love when I set out to solve what I think will be a challenging problem and then it works itself out to be quite easy.

[slime-crafters]

So I'm building a new house, and I wanted to move all of my dragon bones and scales to my new place for the convenience factor when a pack of vampires attacks me and my unicorn.

I move so I can fast travel to my new house, and there they are, attacking us again. Which makes me think of how they followed us, me weighing down my unicorn because I weigh almost half a ton, them walking behind, because honestly, how does that unicorn manage that??

[ecospacerealtors]

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