negative easement


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negative easement

(1) A prohibition of some activity on a property, so as to enhance the value or enjoyment of another property. For example, a beach-front property might have a buildingheight restriction so that inland property owners can enjoy an unobstructed view of the ocean. (2) Subdivision covenants and restrictions on the use of land are sometimes called reciprocal negative easements.For example,the restriction that no property may have fences around the front yard enhances the value of all properties because of the open nature of the community.

References in periodicals archive ?
Generally speaking, a conservation easement is a type of negative easement that is generally unenforceable under common law due to its intangible nature, but which many state legislatures have specifically authorized by statute.
It can either be a positive easement which gives rights to a person on property they don't own or a negative easement which gives a person rights to prevent an owner of the property from doing something specific.
A covenant which limits the use of land for the benefit of another parcel of land is referred to as a negative easement.
A negative easement is "[a]n easement that prohibits the servient-estate owner from doing something, such as building an obstruction" on the burdened parcel.
legitimate form of negative easement, (40) and have grown into the most
allow negative easements (easements restricting a property owner from