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 North Carolina, 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 an agreement between the property owners and must be in writing to be enforceable under the Statute of Frauds, as per North Carolina General Statutes (N.C.G.S.) § 22-2. The easement agreement should be recorded in the county where the property is located to provide notice to future purchasers or creditors. Negative easements can include restrictions on building structures that block views, light, or air. However, unlike some other states, North Carolina does not recognize a general right to light or air, and such easements must be expressly created. It's important to note that the enforcement and interpretation of easements can be complex and may require the involvement of an attorney to navigate the specific circumstances of each case.

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

North-Carolina State Code

North-Carolina State Code

Articles

Real property

negative easement