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Negative Easement

By on March 2, 2019

While regular easements on property gives certain parties certain rights to the property, negative easements takes away the rights of certain parties in relation to the property.

These rights taken away are usually retained by property owners under most circumstances.

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The most common form of negative easement is the prohibition to build high fences.

Sometimes certain developments impose such restrictions on homeowners so as not to block the view of other households. This is especially common in beach front property.

Because the sacrifice an owner makes will be compensated by the maintenance of the value of real estate in the neighborhood, it is often said that this is a reciprocal easement relationship.

Negative easements should not be confused with restrictive covenants as they are distinctively different in the eyes of the law.



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