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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 New Hampshire, a negative easement, also known as an easement of restriction, is a legal right that affects a property owner's ability to use their land in certain ways. It is typically created through a written agreement between the dominant estate (the beneficiary of the easement) and the servient estate (the property owner whose land is subject to the easement). The agreement must be recorded in the county registry of deeds to be enforceable against subsequent owners. Negative easements can restrict various uses of the property, such as building structures that could obstruct views, light, or air. They are binding on current and future owners of the servient estate and are generally intended to preserve the value and enjoyment of the dominant estate's property. New Hampshire law requires that the terms of the easement be clear and specific, and the easement must not impose an undue burden on the servient estate.

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Real property

negative easement

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New-Hampshire State Code

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Real property

negative easement

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