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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 Nebraska, a negative easement, also known as an easement in gross, is a type of nonpossessory interest in land that restricts the servient estate owner from performing certain actions on their property that could adversely affect the dominant estate, such as obstructing a view or sunlight. 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 Nebraska statutes. The creation of such an easement would generally require a clear expression of the parties' intent, description of the affected property, and compliance with recording statutes to affect third parties. Once established, the easement runs with the land and binds subsequent owners. Nebraska courts would enforce and interpret these easements based on the terms of the easement agreement and the principles of property law.

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Real property

negative easement

Individual & Family Legal Plan

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Nebraska State Code

Nebraska State Code

Real property

negative easement

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