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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 Oklahoma, a negative easement, also known as an easement of restriction, is a legal right that affects a property owner's ability to use their land in certain ways. It is typically created through a written agreement between the dominant estate (the beneficiary of the easement) and the servient estate (the property owner whose land is subject to the easement). The agreement must be recorded in the county where the property is located to be enforceable against third parties. Negative easements can restrict various uses of the property, such as building structures that could obstruct views, light, or air. They are binding on current and future owners of the servient estate. Oklahoma statutes and case law govern the creation, interpretation, and enforcement of easements. It is important for property owners to understand the terms and legal implications of any easements attached to their property. An attorney can provide specific advice on creating, challenging, or understanding the scope of a negative easement in Oklahoma.

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Real property

negative easement

Individual & Family Legal Plan

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Oklahoma State Code

Oklahoma State Code

Real property

negative easement

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