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 Michigan, 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 typically created by an agreement between the property owners and must be in writing to be enforceable under the statute of frauds, as per Michigan's laws. They are binding on subsequent owners if properly recorded with the county register of deeds. The specific rights and restrictions of a negative easement are governed by the terms of the easement agreement and, if disputes arise, they may be resolved through the courts.

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Real property