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 Wisconsin, 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 typically created through a written agreement between the property owner (servient estate) and the easement holder (dominant estate), and it must be recorded with the county register of deeds to affect third parties. Negative easements can restrict various uses of the property, such as building structures that obstruct views, light, or air. The creation, enforcement, and termination of negative easements in Wisconsin are governed by state statutes and case law. For specific legal advice or to address a particular situation involving a negative easement, it is recommended to consult with an attorney who is experienced in real estate law.