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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 Mexico, a negative easement, also known as an easement of restriction, is a type of nonpossessory interest in real property that restricts the servient estate owner from performing certain actions on their land 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 New Mexico Statutes. They are binding on subsequent owners if properly recorded in the county where the property is located. The specific terms and conditions of a negative easement are governed by the easement agreement and relevant state statutes. It's important to note that New Mexico law may also recognize implied negative easements under certain circumstances, although these are less common than express easements.

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Real property

negative easement

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Real property

negative easement

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