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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 Mississippi, a negative easement, also known as an easement of restriction, is a type of nonpossessory interest in real property that limits the legal rights of the property owner (servient estate) to perform certain actions on their land, for the benefit of another property (dominant estate). These 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 Mississippi law. Negative easements can include restrictions on building structures that could obstruct views, light, or air, and are often used to preserve the character of a neighborhood or the enjoyment of the adjoining property. Once established, these easements are binding on subsequent owners of the servient estate and are typically recorded in the county land records to provide notice of the restriction.

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Real property

negative easement

Individual & Family Legal Plan

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Mississippi State Code

Real property

negative easement

Articles

Mississippi State Code