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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 Rhode Island, 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 adversely affect the dominant estate. This could include restrictions on building structures that block views, light, or air. Negative easements are typically created by an agreement between the property owners and must be in writing to be enforceable under the Statute of Frauds. They are binding on subsequent owners if properly recorded in the land records. The creation, enforcement, and termination of negative easements in Rhode Island are governed by common law principles and state statutes, including the Rhode Island Property Law. It is important for property owners to understand the terms and limitations of any easements attached to their property, as these can significantly affect property rights and values.

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Real property

negative easement

Individual & Family Legal Plan

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Rhode-Island State Code

Real property

negative easement

Rhode-Island State Code

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