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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 West Virginia, 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. Negative easements can include restrictions on building structures that block views, light, or air, or that impose certain limitations on the use of the property. Once established, these easements run with the land, meaning they are applicable to subsequent owners, and are typically recorded with the county recorder's office to provide notice to future purchasers of the property. It is important for property owners to understand the terms and legal implications of any easements attached to their property. An attorney can provide specific advice on creating, interpreting, or enforcing negative easements in West Virginia.

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Real property

negative easement

Individual & Family Legal Plan

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West-Virginia State Code

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Real property

negative easement

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