A negative easement is an easement that prohibits the owner of a property (the servient-estate) from doing something, such as building a home or structure that blocks the view or sunlight for an easement holder—often an adjoining property owner (the dominant estate).
In Texas, a negative easement, also known as an easement of restriction, is a type of easement that limits the property owner's ability to use their land in certain ways that could negatively impact the holder of the easement. These easements are less common than affirmative easements, which allow the use of another's property for a specific purpose. Negative easements might include restrictions on building heights, blocking views, or anything that could interfere with air, light, or visibility. They must be created in writing and are typically established through a deed or other legal instrument. The creation of a negative easement must meet the requirements of Texas property law, including the Statute of Frauds, which requires certain contracts, including those for the sale of real estate or interests in real estate, to be in writing. Once established, negative easements run with the land, meaning they are attached to the property and not to the property owner, and they are binding on subsequent owners of the servient estate.
