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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 Delaware, 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 adjoining property owner (the holder of the dominant estate). This could include restrictions on building structures that block views, light, or air. Negative easements must be created in writing and are typically recorded in the same manner as other real estate documents to provide notice to future property owners. They are binding on subsequent owners of the servient estate and are enforceable in court. Delaware follows the general principles of property law regarding easements, which are also influenced by case law and specific circumstances surrounding the creation and use of the easement.

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Real property

negative easement

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Real property

negative easement

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