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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 Virginia, a negative easement, also known as an easement of restriction, is a legal right that allows the holder to prohibit certain uses of a neighboring property. This type of easement is typically created by an agreement between the property owners and must be in writing to be enforceable under the Virginia statute of frauds (Va. Code Ann. § 11-2). Negative easements can restrict various activities, such as building structures that obstruct views, light, or air, or engaging in activities that could harm the easement holder's property. These easements are binding on subsequent owners of the servient estate and are typically recorded in the local land records to provide notice to future purchasers. Virginia courts will enforce negative easements as long as they are clear in their terms and have been properly created and recorded.

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Real property

negative easement

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Virginia State Code

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Real property

negative easement

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