Which of the following is an example of a negative easement appurtenant?
A) A driveway easement across one parcel to another.
B) Rights-of-way for roads.
C) A common drive easement where owners of adjoining lots must permit each other to use a driveway lying on their shaped property line.
D) A scenic easement used to restrict construction on adjacent parcels so as to preserve a valued view.

Question

Quizplus · Accepted Answer

A negative easement appurtenant restricts the holder of the servient estate from performing an otherwise legal action on their property, such as building in a way that would block a view. This is what a scenic easement accomplishes, making it a correct example. Choices A, B, and C describe affirmative easements, where the dominant estate is granted the right to use the servient estate in a certain way, rather than restricting use.

Which of the Following Is an Example of a Negative