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Legal Definitions - reciprocal negative easement

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Definition of reciprocal negative easement

Definition: A reciprocal negative easement is a type of easement that prohibits both the servient estate owner and the dominant estate owner from doing something on their respective properties. For example, if two neighboring properties have a reciprocal negative easement, one owner cannot build a fence that blocks the other owner's view, and the other owner cannot build a structure that blocks the first owner's sunlight.

Example: Two neighbors, John and Jane, own adjacent properties. John's property has a beautiful view of the mountains, and Jane's property has a lot of sunlight. They agree to create a reciprocal negative easement that prohibits either of them from building anything that would block 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 blocks John's view of the mountains.

Explanation: This example illustrates how a reciprocal negative easement works. Both John and Jane are restricted from doing something on their respective properties that would negatively impact the other's enjoyment of their property. This type of easement is often used in residential areas where neighbors want to protect their views or sunlight.

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Simple Definition

A reciprocal negative easement is a legal agreement between two property owners that restricts both parties from doing certain things on their land. For example, one owner may agree not to build a fence that blocks the other owner's view, while the other owner agrees not to build a structure that blocks the first owner's sunlight. This type of easement is "reciprocal" because both parties are bound by the same restrictions, and "negative" because it prohibits certain actions rather than granting specific rights.

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