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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 North Dakota, a negative easement, also known as an easement of restriction, is a type of nonpossessory interest in real property that allows the holder of the easement to prevent the property owner from performing certain actions on their land. This could include restrictions on building structures that block views or sunlight. Negative easements are typically created by an agreement between the property owner and the easement holder and are recorded in the property's deed or other legal documents to ensure they are binding on future owners. The creation, enforcement, and termination of easements in North Dakota 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 law, and they may benefit from consulting with an attorney to navigate the complexities of establishing or disputing a negative easement.

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Real property

negative easement

Individual & Family Legal Plan

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North-Dakota State Code

North-Dakota State Code

Real property

negative easement

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