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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 Maryland, 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 could block views, light, or air. Negative easements are typically created by an agreement between the property owners and must be in writing to be enforceable under the Statute of Frauds, as per Maryland law. They are recorded in the land records of the county where the property is located, which provides notice to potential buyers and others that the easement exists. The enforcement and creation of negative easements in Maryland are governed by state property laws and case law precedents. It's important for property owners to understand that these easements can significantly affect their rights to use and enjoy their property.

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Real property

negative easement

Individual & Family Legal Plan

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Maryland State Code

Maryland State Code

Real property

negative easement

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