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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 Washington State, a negative easement, also known as an easement in gross, is a type of nonpossessory interest in real property that restricts the servient estate owner's ability to use their land in a way 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 use of another's land for a specific purpose. To be enforceable, negative easements typically must be created by a written agreement that is recorded with the county recorder's office. The creation of such an easement must comply with Washington State's real estate laws, including the Statute of Frauds, which requires certain contracts to be in writing. Additionally, the terms of the easement must be clear and specific, and the easement must not violate public policy or zoning regulations.

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Real property

negative easement

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Real property

negative easement

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