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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 Hawaii, a negative easement, also known as an easement in gross, is a type of nonpossessory interest in real property that restricts the servient estate owner from performing certain actions that could adversely affect the dominant estate. This could include restrictions on building structures that block views, sunlight, or air flow. Negative easements are typically created by an agreement between the property owners and must be in writing to be enforceable under the Statute of Frauds. They are binding on subsequent owners if properly recorded with the Bureau of Conveyances. Hawaii's laws regarding easements, including negative easements, are governed by state statutes and case law, which may also be influenced by common law principles. It's important for property owners to understand that the creation, enforcement, and termination of easements can involve complex legal considerations, and consulting with an attorney is advisable to navigate these issues.

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Real property

negative easement

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Hawaii State Code

Hawaii State Code

Real property

negative easement

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