What type of encumbrance is an obligation to act or refrain from acting in a certain way?

The type of encumbrance that reflects an obligation to act or refrain from acting in a certain way is known as a restrictive covenant. Restrictive covenants are legal obligations written into the deed of a property that limit how the property can be used. They can restrict activities such as the types of structures that can be built, the colors that can be used for painting, or even the types of animals that may be kept on the property.

This form of encumbrance is significant because it helps maintain a certain standard or character within a neighborhood or community, serving to protect property values and maintaining aesthetic harmony. The agreement is typically enforceable against current and future property owners, ensuring that the restrictions are upheld over time.

In contrast, other options refer to different types of encumbrances. An easement allows one party to use another party's property for a specific purpose, like access to a road. A right of way is a type of easement that specifically provides the right to pass through property. A lease involves a contractual agreement between a landlord and a tenant for the rental and use of property, but does not classify as a restriction on property use in the same way that a restrictive covenant does.