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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 Wyoming, 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. This could include restrictions on building structures that block views, light, or air, or engaging in activities that would interfere with the easement holder's rights. Negative easements are typically created by an agreement between the property owners and must be in writing to be enforceable under the Statute of Frauds. They are binding on subsequent owners of the servient estate and are recorded with the county recorder's office to provide notice of the restriction. Wyoming follows the general principles of property law regarding easements, which are also influenced by case law and specific circumstances surrounding the creation and use of the easement.

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Real property

negative easement

Individual & Family Legal Plan

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Wyoming State Code

Wyoming State Code

Real property

negative easement

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