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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 York, 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 created by an agreement between property owners and must be in writing to be enforceable under the Statute of Frauds, as per New York's Real Property Law. Negative easements can restrict various activities, such as building structures that obstruct views, light, or air. They are less common than affirmative easements, which grant the right to use another's property for a specific purpose. Once established, negative easements are binding on subsequent owners of the servient estate and are typically recorded with the county clerk to provide notice to future purchasers. The enforcement of negative easements is subject to the principles of real property law and may involve litigation if disputes arise.

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Real property

negative easement

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Real property

negative easement

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