| Elements | Positive Easement | Negative Easement |
|---|---|---|
| Act of servient estate’s owner | Must allow the owner of dominant estate or the latter must do something | Must refrain from doing something lawful |
| Commencement of acquisitive prescription | Date of enjoyment of easement | Date that owner of dominant estate prohibited the servient estate by formal act |
| Required issance | NA | Notarial prohibition |
| Example | Easement of light on a party wall or wall of another | Easement of light in one’s own wall (the servient estate cannot build at certain point) |
Positive vs. Negative Easement
- Updated: November 17, 2021
Bryan Villarosa
Juris Doctor | Legal researcher, writer, and website developer.
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