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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 South Carolina, 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 an interest in real property that allows the holder of the easement (the dominant estate) to enforce restrictions on the use of the servient estate's property. These restrictions can include limitations on building structures that could obstruct views, light, or air. Negative easements are typically created by an agreement between property owners and are recorded in the property's deed or other legal documents to ensure they are binding on future owners. The creation, enforcement, and termination of negative easements in South Carolina are governed by state property laws and case law precedents. It is important for property owners to understand that such easements can significantly affect their property rights and may require the assistance of an attorney to navigate.

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Real property

negative easement

Individual & Family Legal Plan

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South-Carolina State Code

South-Carolina State Code

Real property

negative easement

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