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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 Montana, a negative easement, also known as an easement of restriction, is a legal right that allows the holder to prohibit certain uses of a neighboring property. This type of easement is typically established through a written agreement between the property owner (servient estate) and the easement holder (dominant estate), and it is recorded with the county where the property is located to provide public notice. Negative easements can restrict various activities, such as building structures that obstruct views, sunlight, or air flow. The creation, enforcement, and termination of negative easements in Montana are governed by state statutes and case law. It's important for property owners and easement holders to understand their rights and obligations under the easement, and they may need to consult with an attorney to navigate the complexities of these legal arrangements.

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Real property

negative easement

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Montana State Code

Montana State Code

Real property

negative easement

Articles