Legal Definitions - negative servitude

NEGATIVE SERVITUDE

Negative servitude is a type of real servitude in civil law that allows a person to prohibit the servient landowner from exercising a right. For example, a negative servitude, such as jus ne luminibus officiatur, prevents an owner of land from building in a way that blocks light from reaching another person's house.

• A landowner cannot build a structure that blocks the sunlight from reaching their neighbor's solar panels.
• A landowner cannot build a fence that blocks their neighbor's access to a shared driveway.

These examples illustrate how negative servitude limits a landowner's right to use their property in a way that would negatively impact their neighbor's property.