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Real property

negative easement

A negative easement is an easement that prohibits the owner of a property (the servient-estate) from doing something, such as building a home or structure that blocks the view or sunlight for an easement holder—often an adjoining property owner (the dominant estate).

In Alaska, a negative easement, also known as an easement of restriction, is a type of nonpossessory interest in real property that limits the property owner's ability to use their land in specific ways that could affect the rights of the holder of the easement. These easements are typically created by an agreement between the property owner (servient estate) and the easement holder (dominant estate), and they must be in writing to be enforceable under the Statute of Frauds. Negative easements can include restrictions on building structures that block views, light, or air, and they are binding on subsequent owners of the property. The creation, enforcement, and termination of negative easements in Alaska would be governed by state property laws and case law precedents. It is important for property owners and easement holders to have a clear understanding of the terms of the easement and to ensure that it is properly recorded to provide notice to future owners and interested parties.

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Real property

negative easement

Individual & Family Legal Plan

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Alaska State Code

Alaska State Code

Real property

negative easement

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