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 Utah, 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 less common than affirmative easements, which allow the dominant estate to use the servient estate's property in some way. To be enforceable, negative easements typically must be created in writing and recorded. They are often established through express agreements between property owners but can also be created by implication or prescription under certain circumstances. Utah courts will interpret the terms of an easement based on the language of the grant or agreement and the intent of the parties at the time the easement was created.

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

Utah State Code

Utah State Code

Real property

negative easement

Articles