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Simple English definitions for legal terms
negative servitude
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A quick definition of negative servitude:
Negative servitude is a type of burden on a piece of land that allows a person to stop the owner of that land from doing something. For example, if someone has a negative servitude on a piece of land, they can prevent the owner from building something that would block their view or light. It is a type of real servitude, which means it is a right that is attached to the land and not to a specific person.A more thorough explanation:
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.