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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 Louisiana, a negative easement, also known as a servitude of view, is recognized under state law. These easements restrict the servient estate owner from performing certain actions that could negatively impact the dominant estate, such as obstructing the view or sunlight. Louisiana Civil Code provisions govern the establishment, use, and termination of easements. The creation of a negative easement typically requires a written agreement or must be established by prescription, which involves the continuous and apparent use of the servitude for a period of time defined by law. It's important for property owners to be aware of any existing easements when buying property, as these rights are typically binding and run with the land. Additionally, any disputes or enforcement of easements would be handled through the state's legal system, where an attorney could provide specific guidance based on the circumstances of the case.

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Real property

negative easement

Individual & Family Legal Plan

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Louisiana State Code

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Real property

negative easement

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