Positive vs. Negative Easement

Post updated on: Nov 17, 2021 @ 6:13 pm

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)