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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 Dakota, a negative easement, also known as an easement of restriction, is a type of nonpossessory interest in real property that restricts the servient estate owner from performing certain actions on their land that could adversely affect the dominant estate. 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, as per SDCL 43-32-3. Negative easements can include restrictions on building structures that block views, light, or air. They are binding on subsequent owners if they are recorded in the county where the property is located, ensuring that future buyers are aware of the restrictions. The enforcement of these easements is typically through civil action, and the courts can issue injunctions to prevent violations or award damages for any losses incurred by the easement holder.

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Real property

negative easement

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Real property

negative easement