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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 Arkansas, a negative easement, also known as an easement of restriction, is a type of easement that limits the property owner's ability to use their land in specific ways that could negatively impact 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 are recorded in the property's deed or title to ensure they are honored by future owners. Negative easements can include restrictions on building structures that block views, sunlight, or air flow. Arkansas law recognizes the creation and enforcement of negative easements, provided they are clearly established and do not violate public policy. To enforce a negative easement, the dominant estate may need to seek legal action, such as an injunction, to prevent the servient estate from engaging in the prohibited activity.

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Real property

negative easement

Individual & Family Legal Plan

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Arkansas State Code

Arkansas State Code

Real property

negative easement

Articles