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Real property

negative easement

A negative easement is an easement that prohibits the owner of a property (the servient-estate) from doing something, such as building a home or structure that blocks the view or sunlight for an easement holder—often an adjoining property owner (the dominant estate).

In Arizona, a negative easement, also known as an easement of restriction, is a legal right that affects a property owner's ability to use their land in certain ways. It grants the holder of the easement (the dominant estate) the right to restrict the property owner (the servient estate) from performing specific actions, such as building structures that could obstruct views or sunlight. These easements are typically created by an agreement between the property owners and are recorded in the property's deed or title to provide notice to future owners. Arizona law requires that such easements be created in writing and they must be clear in terms of the restrictions imposed. The enforcement and creation of negative easements in Arizona are governed by state statutes and case law, which outline the legal framework for establishing and interpreting such easements.

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Real property

negative easement

Individual & Family Legal Plan

Articles

Arizona State Code

Real property

negative easement

Arizona State Code

Articles