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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 Illinois, a negative easement, also known as an easement of restriction, is a legal right that limits the actions a property owner can take on their land. It is typically created through a written agreement between the dominant and servient estate owners and must be recorded to affect subsequent owners. Negative easements can restrict various uses of the property, such as building structures that obstruct views or sunlight. Illinois courts require that negative easements be created expressly and do not recognize them by implication. The creation, enforcement, and termination of negative easements in Illinois are governed by state property laws and case law precedents. It is important for property owners to understand that negative easements are binding and can significantly affect their rights to use their property as they wish.

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Real property

negative easement

Individual & Family Legal Plan

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Illinois State Code

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Real property

negative easement

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