Negative Easements

Question 1

What is a Negative Easement?

Answer 1

Gives its holder the right to prevent an owner of land from using her own land in a certain way(s) that would otherwise be permitted

Question 2

How are Negative Easements created?

Answer 2

Expressly, never implied

** The servient landowner MUST give his permission for a negative easement to be created

Question 3

Types of Negative Easements?

Answer 3

Common Law:
4 Types:
   1. Light
   2. Air
   3. Support
   4. Access to water in an artifical stream

Today: (all 4 common law plus)

1. Easements of view
2. Solar easement
3. Conservation easement

Question 4

What is a Negative Easement of light?

Answer 4

Owner of the servient parcel will not construct a building or plant vegetation on the parcel that will block light to windows on building on the dominant parcel

Question 5

What is a Negative Easement of Air?

Answer 5

Forbids the owner of the servient parcel from building a structure that interferes with the flow of air onto the benefited parcel

Question 6

What is a Negative Easement of Support?

Answer 6

Prohibits the servient landowner from excavation in order to protect against circumstances that might cause a collapse on the dominant parcel.

Question 7

What is a Negative Easement of Water from an Artificial Stream?

Answer 7

Canal right of water??