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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 New Jersey, 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 dominant estate's rights. These easements are typically created by an agreement between the property owners or by a deed, and they must be in writing to be enforceable under the statute of frauds. Negative easements can include restrictions on building structures that could block views, light, or air. They are binding on subsequent owners of the servient estate and are enforceable in court. The specific rights and restrictions of a negative easement are defined by the terms of the agreement or deed that created it, and these terms must be adhered to by the property owner. If a property owner wants to challenge or terminate a negative easement, they may need to seek a legal remedy through the courts or negotiate with the easement holder.

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Real property

negative easement

Individual & Family Legal Plan

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Real property

negative easement

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