Negative easements are obligations not to use purchased land in certain ways. Under English common law, a negative easement prevents a landowner from altering or building to block air, sunlight or water. Easements were granted by prescription, which means that a person could gain rights through prior, continued use. To promote metropolitan growth in the 19th century, courts typically held that negative easements could not be granted in the above manner. Today, a negative easement is regarded as a restrictive covenant.
Creation of Negative Easements
The creation of a negative easement has no accompanying technical form. While they are typically created in deeds, they can be created through private contract or implication. A negative easement can be created through express language, but the wording must be direct and the implications must be clear. When these easements are created, a form does not matter as much as the clarity of the words used to describe it.
How Negative Easements Affect Landowners
If there is a negative easement between a person’s land and the adjoining plot, a real estate lawyer in Chicago will tell the landowner that they are bound to the restrictions therein. These restrictions could prevent a property owner from using their land in ways that would have been acceptable if the easement did not exist. Negative easements may:
* Inhibit the style, shape and height of new structures erected on the land.
* Restrict ways in which a property owner can use the land.
Modern laws on negative easements usually focus on conservation, scenic views and solar energy access. Many jurisdictions grant special protections to landowners in these areas. For example, some areas recognize a property owner’s right to receive sunlight across another person’s land for collection by a solar power system. This right reflects a legislative decision to reduce overall energy deficits, promote the use of renewable energy sources, and create jobs.
Does a Property Owner Need an Attorney for an Issue Related to a Negative Easement?
A real estate lawyer in Chicago can help a client set up a negative easement, and they can help the client determine whether such an easement affects the free use of their land. Lawyers with can also assist in the enforcement of negative easements, and they can ensure compliance by property owners. Visit the website Sbzrlaw.com. Like us at Facebook.