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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 California, a negative easement, also known as an easement of restriction, is a type of nonpossessory interest in real property that allows the holder to prevent the servient estate owner from performing certain actions on their property. This could include restrictions on building structures that could block views, light, or air. Negative easements are less common than affirmative easements, which allow the dominant estate to use the servient estate's property in some way. To be enforceable, negative easements typically must be created in writing and recorded. They are often established through express agreements between property owners but can also be created by implication or prescription under certain circumstances. California law requires that such easements be clear, specific, and not impose an undue burden on the servient estate.

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Real property

negative easement

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Real property

negative easement

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