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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 Iowa, 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's ability to use their land in specific ways that could affect the dominant estate. These easements are typically created by an agreement between the property owners or by a deed, and they must be in writing to be enforceable under the Statute of Frauds, as per Iowa Code. Negative easements can include restrictions on building structures that could block views, light, or air. Once established, they are binding on subsequent owners of the servient estate and can be enforced by the dominant estate owner. It's important to note that such easements should be properly recorded to provide notice to future purchasers of the servient estate. An attorney can provide specific guidance on creating, interpreting, and enforcing negative easements in Iowa.

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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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Iowa State Code

Iowa State Code

Real property

negative easement

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