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Real Property • Easements
PROP#100
Legal Definition
A negative easement entitles the holder to force the servient estate possessor to refrain from engaging in an activity on the servient estate.
Traditionally, negative easements only for light, air, lateral and subjacent support, and flow of an artificial stream. Today, negative easements are simply restrictive covenants.
Traditionally, negative easements only for light, air, lateral and subjacent support, and flow of an artificial stream. Today, negative easements are simply restrictive covenants.
Plain English Explanation
A negative easement is an easement that allows someone to force someone on a property to not do something, or refrain from doing something.
Visual Aids
Related Concepts
How can an easement be terminated?
How is an easement created?
How is an easement terminated via abandonment?
How is an easement terminated via destruction or condemnation?
How is an easement terminated via estoppel?
How is an easement terminated via prescription?
How is an easement terminated via release?
How is an easement terminated via stated condition?
How is an easement terminated via unity of ownership?
If the holder of an easement misuses it, does the easement terminate?
In assessing an easement, who has a duty to make repairs?
In assessing a property law issue, how may a license become irrevocable?
In assessing a property law issue, what is a license?
What constitutes a valid easement by express grant?
What is an affirmative easement?
What is an easement?
What is an easement appurtenant?
What is an easement by prescription and how is it acquired?
What is an easement in gross?
What is the difference between a license and an easement?
What is the result of a failed attempt to create an easement?
When does an easement by express reservation arise?
When does an easement by necessity arise?
When does an easement by necessity terminate?
When may an easement be implied without preexisting use?
When may existing use create an implied easement?