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 Alabama, a negative easement, also known as an easement of restriction, is a type of nonpossessory interest in real property that restricts the servient estate owner from performing certain actions on their land that could adversely affect the dominant estate. These easements are typically created by an agreement between the property owners and must be in writing to be enforceable under the Statute of Frauds, as per Alabama Code § 8-9-2. Negative easements can include restrictions on building structures that could block views, light, or air, or impose other limitations. Once established, these easements run with the land, meaning they are applicable to subsequent owners, and are typically recorded in the county where the property is located to provide notice to future purchasers.

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Real property