A reciprocal negative easement is a legal contract between two property owners that limits both parties from engaging in specific activities on their respective properties. For instance, one owner may agree not to construct a fence that obstructs the other owner’s line of sight, while the other owner agrees not to build a building that obstructs the first owner’s access to sunlight. This type of easement is referred to as “reciprocal” because both parties are obligated to adhere to the same limitations, and “negative” because it prohibits certain actions rather than granting explicit privileges.
A reciprocal negative easement is a type of easement that prevents both the servient estate owner and the dominant estate owner from taking certain actions on their properties. For instance, if two neighbouring properties have a reciprocal negative easement, one owner is not allowed to construct a fence that obstructs the other owner’s view, and the other owner cannot build a structure that obstructs the first owner’s sunlight. For example, John and Jane, who own adjacent properties, agree to establish a reciprocal negative easement to prevent either of them from constructing anything that would obstruct the other’s view or sunlight. This means that John cannot build a fence that blocks Jane’s sunlight, and Jane cannot build a structure that obstructs John’s view of the mountains. This example demonstrates how a reciprocal negative easement operates, restricting both John and Jane from taking actions on their properties that would negatively affect the other’s enjoyment of their property. This type of easement is commonly used in residential areas where neighbours wish to safeguard their views or sunlight.
A reciprocal negative easement is an agreement between two or more property owners that restricts the use of their respective properties in a certain way.
Common restrictions include limitations on building height, setbacks, and the use of the property for certain purposes.
A reciprocal negative easement is typically created through a written agreement between the property owners, which is recorded with the local land records office.
Yes, a reciprocal negative easement can be modified or terminated if all parties agree to the changes and the modifications are recorded with the local land records office.
If a property owner violates a reciprocal negative easement, the other property owners may seek legal action to enforce the agreement and seek damages.
Yes, a reciprocal negative easement can be transferred to a new property owner if the agreement allows for it and the transfer is recorded with the local land records office.
There may be tax implications for creating a reciprocal negative easement, such as a reduction in property value or a potential increase in property taxes.
Yes, a reciprocal negative easement can be enforced against a government entity if the agreement is recorded with the local land records office and the government entity is subject to the same restrictions as private property owners.
Yes, a reciprocal negative easement can be created for a temporary period of time, such as during a construction project or event.
While it is not required to have a lawyer to create a reciprocal negative easement, it is recommended to ensure that the agreement is legally binding and enforceable.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/reciprocal-negative-easement/
- Modern Language Association (MLA):Reciprocal Negative Easement. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/reciprocal-negative-easement/.
- Chicago Manual of Style (CMS):Reciprocal Negative Easement. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/reciprocal-negative-easement/ (accessed: May 09 2024).
- American Psychological Association (APA):Reciprocal Negative Easement. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/reciprocal-negative-easement/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts