Poorlando Nov 20, 2016:

poorly written contract language An “encumbrance” is a burden or charge (for example, a claim, restriction or lien) against property that tends to lessen its value or make it less marketable. It is thus an abstract legal quality that attaches to property. Only a person or corporate entity can “take possession…of…assets”, so the phrase “an encumbrance takes possession” is clumsy and nonsensical. An encumbrance might allow some party to take possession of assets in order to enforce the encumbrance, but the encumbrance itself cannot “take[] possession”.

AllegroTrans Nov 19, 2016:

typo? encumbranceR tales possession?

oliviervs Nov 19, 2016:

virgules Ne manque-t-il pas une virgule après "encumbrance" et après "possession" ?

Tony M Nov 18, 2016:

@ Asker Although I am by no means a legal expert, it seems to me from a purely linguistic point of view, there is an error in your source text that may possibly not be helping matters.

I believe it should have read as follows:

"...or an encumbrance takes possession of or an administrative receiver or a receiver or manager is appointed for all or any part..."

It would seem that the writer hadn't realized that 'takes possession (of)' and 'appointed (for, over)' require different prepositions, and so a single 'of' cannot be used in the final position, as they have sought to do here.