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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 Oregon, 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 could affect the dominant estate holder's rights. 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. Negative easements can include restrictions on building structures that block views, light, or air. They are binding on subsequent owners if they are recorded with the county recorder's office. Oregon law requires that the terms of the easement be clear and specific, and the easement must not impose an undue burden on the servient estate. Disputes over negative easements may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on creating, interpreting, or enforcing such easements.

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Real property

negative easement

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Real property

negative easement

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