Legal Definitions - negative servitude

A negative servitude is a legal right that restricts what an owner can do with their own property, for the benefit of another property. Unlike an "affirmative servitude," which grants someone the right to *do* something on another's land (like cross a path), a negative servitude dictates what an owner *cannot* do on their land. It essentially imposes a prohibition or a limitation on the use or development of a property to protect the interests or enjoyment of a neighboring property.

Here are some examples illustrating a negative servitude:

• Preserving a Scenic View: Imagine a homeowner whose property sits on a hillside, offering a breathtaking panoramic view of a valley. The undeveloped lot directly below their property could potentially be built upon, obstructing this view. To protect their scenic outlook, the homeowner might purchase a negative servitude from the owner of the lower lot. This legal agreement would prevent the lower lot owner from constructing any building or structure that exceeds a specific height, thereby ensuring the homeowner's view remains unobstructed.

  This illustrates a negative servitude because the owner of the lower lot is restricted from performing a specific action (building above a certain height) on their own property, solely for the benefit of the neighboring property's view.

• Maintaining Natural Light and Airflow: Consider two adjacent commercial buildings in a dense urban area. The owner of Building A relies on natural light and ventilation from windows facing Building B. To safeguard against future obstruction, the owner of Building A could negotiate a negative servitude with the owner of Building B. This servitude might stipulate that Building B cannot construct any additions or structures within a specified distance or above a certain height that would block the light and air reaching Building A's windows.

  Here, the negative servitude restricts Building B's development rights (e.g., building too close or too high) for the benefit of Building A's access to light and air, demonstrating a prohibition on certain actions.

• Restricting Commercial Use in a Residential Area: A developer creates a new residential community and wants to ensure it remains peaceful and exclusively residential. As part of the property deeds for all lots, they include a negative servitude. This servitude prohibits property owners from operating commercial businesses, industrial facilities, or any excessively noisy operations (such as a large auto repair shop or a manufacturing plant) on their residential lots.

  This example shows a negative servitude because each homeowner is restricted from engaging in specific commercial or industrial activities on their property. This restriction benefits all other homeowners by preserving the quiet, residential character of the neighborhood.