In this regard, it is helpful to differentiate between positive and negative easements.
Negative easements claimed by prescription have been problematic.
The situation in respect to negative easements is complex.
Suppose that Oceanside is a public park (not a private estate) and that it is abutted by 100 private property owners, each of whom enjoys a negative easement appurtenant (an antiproperty easement) blocking any development in Oceanside.
In the main, this position has been adopted in the United States, although "now and then a new type of negative easement is recognized.
They are holders of property benefitted by a
negative easement created by restrictions which burden the Reservation property.
1985) (stating that the "holder of a
negative easement has, by virtue of such an interest, no right to active use; rather the holder can merely insist that the burdened party refrain from certain uses or uses in certain areas").
primarily negative easements, run in perpetuity, are transferable, and
limited negative easements to four recognized types).
Unlike common law
negative easements, however, conservation easements--which are almost always in gross,
negative easements--may be placed on property without regard for the denial of light, air, or support, and are generally allowed to continue into perpetuity.
regulations resemble those of grantees under
negative easements.
In recognition of certain problems with state common law as it pertains to easements of this type, referred to as easements "in gross" under common law (benefitting an individual or the public rather than any specific parcel of land and therefore usually ending with the death of the grantee), and also known as
negative easements (restricting the owner from certain uses on his own land), in 1981 the National Conference of Commissioners on Uniform State Laws provided a Uniform Conservation Easement Act (UCEA) (16) as a suggestion for state legislatures to authorize statutes providing for conservation easements, making them enforceable if the statutory requirements are met.
