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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 Florida, a negative easement, also known as an easement of light, air, or view, is a type of nonpossessory interest in real property that restricts the servient estate owner from performing certain actions that could adversely affect the dominant estate. These easements are not presumed and must be created expressly by written agreement or deed. Florida law requires that such easements be recorded in the public records of the county where the property is located to provide notice to potential purchasers or encumbrancers of the property. Negative easements are less common than affirmative easements (which allow the use of another's property), and Florida courts may interpret them narrowly, emphasizing the importance of clear and unambiguous language in the creation of the easement. Additionally, the terms of the easement, including the restrictions imposed and the duration, must be clearly defined in the agreement.

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Real property

negative easement

Individual & Family Legal Plan

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Florida State Code

Real property

negative easement

Florida State Code

Articles