Select your state

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 Idaho, a negative easement, also known as an easement of restriction, is a legal right that one property owner (the dominant estate) has over the land of another (the servient estate) that restricts the servient estate's use of its own property in some way. This could include restrictions on building structures that block views or sunlight. Negative easements are typically created by an agreement between the property owners and are recorded in the property's deed or as a separate document in the county's land records to provide notice of the restriction to future owners. Idaho follows the general principles of property law, which require that easements, including negative easements, be created with clear and explicit terms and be properly recorded to be enforceable. It is important for property owners to understand that these easements run with the land, meaning they are applicable to subsequent owners and not just the parties who created the easement.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Real property

negative easement

Individual & Family Legal Plan

Articles

Idaho State Code

Idaho State Code

Real property

negative easement

Articles