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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 Minnesota, a negative easement, also known as an easement of restriction, is a legal right that allows the holder to prevent the property owner from performing certain actions on their land that could affect the easement holder's property. This type of easement is typically created by an agreement between the property owner (servient estate) and the easement holder (dominant estate) and must be in writing to be enforceable under the Statute of Frauds, as per Minnesota statutes. The agreement should be recorded with the county recorder's office where the property is located to provide public notice of the easement's existence. Negative easements can include restrictions on building structures that could block views, light, or air. These easements are binding on subsequent owners of the servient estate and are enforceable in court if necessary. It's important to note that Minnesota law may have specific requirements and limitations regarding the creation, enforcement, and termination of negative easements, and an attorney can provide guidance on these matters.

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Real property

negative easement

Individual & Family Legal Plan

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Minnesota State Code

Minnesota State Code

Real property

negative easement

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