in gross, and as such, would be unenforceable.
Nonetheless, there remain some well-established categories of negative easement
, some of which are important when comparing and contrasting Australian law with that of England.
Generally speaking, a conservation easement is a type of negative easement
that is generally unenforceable under common law due to its intangible nature, but which many state legislatures have specifically authorized by statute.
It can either be a positive easement which gives rights to a person on property they don't own or a negative easement
which gives a person rights to prevent an owner of the property from doing something specific.
Specifically, each property owner situated within a certain distance of the designated green space--say 200 yards--will be granted a negative easement
appurtenant in the park, which we call an "antiproperty easement." This would vest in each of the property owners the right to veto any development or destruction of the green space.
A covenant which limits the use of land for the benefit of another parcel of land is referred to as a negative easement
. Their existence will be resolved by determining the intent of the Benson heirs when they caused the filing of certain deeds and the Olmsted map.
(125.) A negative easement
is "[a]n easement that prohibits the servient-estate owner from doing something, such as building an obstruction" on the burdened parcel.
legitimate form of negative easement
, (40) and have grown into the most
(31) Alternatively, negative easements
forbid the owner of the servient parcel (the land where the easement is located) from using the land for specific purposes.
allow negative easements
(easements restricting a property owner from
against restrictions that effectively take negative easements
(48) Section 2(a) of the Uniform Conservation Easement Act (UCEA) explains that conservation easements may be "released, modified, terminated, or otherwise altered or affected in the same manner as other easements." (49) The comments following section 2 indicate the drafters of the UCEA intended conservation easements to adhere to state law regarding traditional easements except for common-law impediments to negative easements