negative easement


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negative easement

[′neg·əd·iv ′ēz·mənt]
(civil engineering)
An easement that can be exercised to prevent the owner of a piece of land from using it in certain ways that he or she would otherwise be entitled to.

negative easement

An easement, 1 which limits the possible use that the owner of land may otherwise be entitled to.
References in periodicals archive ?
They are holders of property benefitted by a negative easement created by restrictions which burden the Reservation property.
1985) (stating that the "holder of a negative easement has, by virtue of such an interest, no right to active use; rather the holder can merely insist that the burdened party refrain from certain uses or uses in certain areas").
primarily negative easements, run in perpetuity, are transferable, and
limited negative easements to four recognized types).
against restrictions that effectively take negative easements across
In recognition of certain problems with state common law as it pertains to easements of this type, referred to as easements "in gross" under common law (benefitting an individual or the public rather than any specific parcel of land and therefore usually ending with the death of the grantee), and also known as negative easements (restricting the owner from certain uses on his own land), in 1981 the National Conference of Commissioners on Uniform State Laws provided a Uniform Conservation Easement Act (UCEA) (16) as a suggestion for state legislatures to authorize statutes providing for conservation easements, making them enforceable if the statutory requirements are met.