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Negative Easement

DEFINITION

Easement that prevents the servient tenement from a specific use. Negative easements are used to prevent the servient tenement from adversely affecting the other party.

EXPLANATION

A negative easement refers to when a property owner restricts an easement holder’s right to use a property in a way that negatively impacts the land. For example, it may prevent an easement holder’s access to a property owner’s land at certain times during the day. It might also prevent an easement holder from blocking any portion of the land, including water flow or sunlight.

An express easement can also be created when a property owner conveys his or her property to another owner, but “reserves” the right to an easement on the property. This is called an easement by reservation. For example, a property owner may sell his property with the condition that he be allowed to continue using the lake on the property.

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