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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 Colorado, a negative easement, also known as an easement in gross, is a type of nonpossessory interest in real property that restricts the servient estate owner's ability to use their land in a way that could adversely affect the dominant estate. This could include restrictions on building structures that block views, light, or air. Negative easements are less common than affirmative easements, which allow the use of another's land for a specific purpose. To be enforceable, negative easements typically must be created by a written agreement and recorded in the county where the property is located. Colorado law requires that the terms of the easement be clear and that the easement is not contrary to public policy. The creation, transfer, and enforcement of easements are governed by Colorado statutes and case law, and they can be complex, often requiring the assistance of an attorney to navigate.

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Real property

negative easement

Individual & Family Legal Plan

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Colorado State Code

Colorado State Code

Real property

negative easement

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