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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 Georgia, a negative easement, also known as an easement of restriction, is a legal right that limits the actions a property owner can take on their land. It is typically granted to benefit the holder of the dominant estate, which may be an adjoining property owner. For example, a negative easement may prevent the owner of the servient estate from constructing buildings that would obstruct the view or sunlight of the dominant estate. These easements are established through written agreements and must be recorded to be enforceable against third parties. They can be created expressly by deed or by implication under certain circumstances. Georgia law requires that the terms of the easement be clear and that the easement is necessary for the enjoyment of the dominant estate. The creation and enforcement of negative easements in Georgia are governed by state statutes and case law, and they are subject to the principles of property law.

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Real property

negative easement

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Real property

negative easement

Articles