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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 Indiana, a negative easement, also known as an easement of restriction, is a legal right that affects a property owner's ability to use their land in certain ways. It is typically created through a written agreement between the property owner (servient estate) and the easement holder (dominant estate), and it must be recorded to affect the rights of future owners. Negative easements can restrict various uses of the property, such as building structures that obstruct views, light, or air. Indiana law requires that the terms of the easement be clear and specific, and the easement must not be contrary to public policy. The creation, enforcement, and termination of negative easements in Indiana are governed by state statutes and case law, and they can be complex. Property owners or those seeking to establish a negative easement should consult with an attorney to navigate the legal requirements and ensure that their rights and interests are adequately protected.

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Real property

negative easement

Individual & Family Legal Plan

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Indiana State Code

Indiana State Code

Real property

negative easement

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