Select your state

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 Ohio, 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 use is restricted). The agreement must be recorded in the county recorder's office to be enforceable against third parties. Negative easements can restrict various uses of the property, such as building structures that could block views, light, or air. Ohio law recognizes these easements as legitimate interests in real property, and they are binding on current and future owners of the servient estate. The specific terms and conditions of a negative easement are governed by the agreement that created it, and disputes are resolved through the civil court system.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Real property

negative easement

Individual & Family Legal Plan

Articles

Ohio State Code

Ohio State Code

Real property

negative easement

Articles