Most easements give the easement holder the legal right to use real property owned by another party for a limited purpose. A negative easement creates a related, but different, type of property right.

Easements may restrict what you do in other ways. A negative easement could, for example, prevent you from developing the property or adding a second floor that blocks your neighbor’s views and ...

Easements are a commonly encountered in agricultural settings. An easement does not give the holder of the easement a right of possession, but a right to use or to take something from someone ...

Easement in gross. — Affirmative versus negative easements. — Private and public easements. When an easement is noted as appurtenant, that means it accompanies the property, regardless of who ...

A “positive” easement gives a person or entity the legal right to use someone else's property for a particular purpose, while a “negative” easement restricts what a property owner can do ...

Finally, the New York Court of Appeals, in Huggins v. Castle Estates, 6 explored whether homeowners could impose a negative easement by implication upon adjoining land by virtue of a notation ...

Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples.

As a Harding County cowboy once said, “hey I aint asking for an easement on the land - just the right to recreate on the land.” If you are an easement holder you probably have the right to ...

Nuisances and ways of longstanding duration may also give rise to easements. Restrictive covenants can become negative easements when sufficient restrictions are placed upon the land. Easements ...

On March 7, 2017, after several months of planning, 133 property owners in northern Fergus County signed a “negative easement” prohibiting either wild, free-roaming or domestic bison from ...

Payments may also be received for the placement of a “negative” easement on adjacent property so that the neighboring landowner is restricted from utilizing their property in a manner that ...