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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 Massachusetts, 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 a way that would affect the rights of the dominant estate owner. These easements are typically created by a written agreement and recorded in the land records to provide notice of the restriction. They can be established for various purposes, such as preserving views, sunlight, or open space. Massachusetts law requires that the creation of an easement be clear and explicit, and the terms of the easement must be adhered to by current and future owners of the affected properties. The enforcement and modification of negative easements are subject to state law and can involve complex legal considerations, often requiring the advice of an attorney to navigate.

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Real property

negative easement

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

Real property

negative easement

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