Select your state

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 Missouri, 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 third parties. Negative easements can restrict various uses of the property, such as building structures that obstruct views, light, or air. Missouri 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 Missouri are governed by state statutes and case law. It is important for property owners and easement holders to understand their rights and obligations under the easement, and they may benefit from consulting with an attorney to navigate the complexities of real property law.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Real property

negative easement

Individual & Family Legal Plan

Articles

Missouri State Code

Missouri State Code

Real property

negative easement

Articles