{"id":369151,"date":"2016-04-04T10:47:15","date_gmt":"2016-04-04T15:47:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/affirmative-and-negative-easements.html"},"modified":"2024-05-16T13:25:03","modified_gmt":"2024-05-16T18:25:03","slug":"affirmative-and-negative-easements","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/affirmative-and-negative-easements.html","title":{"rendered":"Affirmative and Negative Easements"},"content":{"rendered":"\n
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Affirmative and Negative Easements<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In real estate law, easements <\/a>create a legal right of way over a parcel of land. An owner of a dominant tenement or dominant estate will have this right against the owner of a servient estate or servient tenement. A common example includes a new owner of a landlocked property who requires permission to get in and out of the land. The new owner obtains an easement from their neighboring property to cross that person\u2019s land. Here, the landlocked property owner has a dominant estate that allows them to use the property next door, which is the servient estate.<\/p>\r\n

Most types of easements fall under one of two categories: affirmative and negative easements. As will be discussed below, the key difference is whether the person holding the easement right is:<\/p>\r\n

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  1. Allowed to do something (affirmative); or<\/li>\r\n
  2. Required not<\/b> to do something<\/li>\r\n<\/ol>\r\n

    Unlike zoning laws<\/a> or eminent domain<\/a>, which affect land use through government regulation, easements are usually created between private parties.<\/p>\r\n

    Affirmative Easements<\/b><\/h2>\r\n

    An affirmative easement gives the easement holder the right to do something on another property owner\u2019s land. Most easements fall into this category. Examples include:<\/p>\r\n