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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 Tennessee, 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. For example, a negative easement may prevent the owner of the servient estate from building structures that could obstruct the view, light, or air of the dominant estate. These 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. They must be expressly created, as they cannot be acquired by prescription or implication in Tennessee. The enforcement and creation of negative easements are governed by Tennessee property laws and relevant case law. 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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Tennessee State Code

Tennessee State Code

Real property

negative easement

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