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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 Vermont, a negative easement, also known as an easement of restriction, is a type of easement that limits the rights of the property owner over their own land for the benefit of another's property. These easements are typically created by an agreement between the property owners and are recorded in the land records to provide notice of the restrictions. Negative easements can restrict various uses of the land, such as building structures that could obstruct views, light, or air. Vermont law requires that the creation of an easement, including a negative easement, must be in writing and must meet certain formal requirements to be enforceable. Once established, the easement runs with the land, meaning it remains in effect even if the properties change hands. Disputes over negative easements are resolved through the civil court system, and an attorney can provide specific guidance on creating, interpreting, or enforcing such easements.

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Real property

negative easement

Individual & Family Legal Plan

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Vermont State Code

Vermont State Code

Real property

negative easement

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