Question 1

What is a negative easement?

Accepted Answer

A negative easement is an easement that prohibits the owner of the burdened property from doing something they would otherwise have the right to do. Unlike a positive easement (which grants someone the right to use another’s property), a negative easement restricts the property owner’s use. Common types: light and air easement (prevents the burdened property from building a structure that would block light or air to the benefited property), conservation easement (prevents the owner from developing or altering the natural state of the property), view easement (prevents the burdened property from blocking the benefited property’s view), and solar easement (prevents the burdened property from shading the benefited property’s solar panels).

Question 2

How are negative easements created in Florida?

Accepted Answer

Creation: negative easements in Florida are typically created by: express grant (a written document recorded in the county public records), declaration (included in the subdivision declaration or condominium declaration), and statute (conservation easements are created under Section 704.06, which provides a statutory framework for conservation and preservation easements). Negative easements cannot be created by prescription in Florida (you cannot acquire a negative easement through adverse use). The easement must clearly describe: the burdened property, the benefited property, and the specific restriction imposed.

Question 3

How do negative easements affect Florida property values?

Accepted Answer

Value impact: the burdened property (the property subject to the restriction) may have reduced value because the owner’s rights are limited. The benefited property may have increased value because the easement protects a desirable feature (view, light, open space). Conservation easements: may provide significant tax benefits to the burdened property owner (federal income tax deduction, potential property tax reduction), while permanently restricting development. The value impact depends on the specific restriction and the market’s perception of the easement’s effect.

Negative Easement

Negative Easements in Florida

Types

Creation

Value Impact

Related Terms

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