Also known as: negative pregnant · negative averment
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
An interest in land that entitles its holder to prevent the owner of the burdened land from engaging in specified uses or activities. The interest arises by conveyance and runs with the land when created to benefit a dominant estate.
An interest in land that entitles its holder to prevent the owner of the burdened land from engaging in specified uses or activities. The interest arises by conveyance and runs with the land when created to benefit a dominant estate.
Select any source to read its text and confirm it supports the definition.
A conception of liberty consisting in freedom from governmental interference rather than an affirmative entitlement to government action or benefits.
Select any source to read its text and confirm it supports the definition.
A conception of liberty consisting in freedom from governmental interference rather than an affirmative entitlement to government action or benefits.
Each sense below has its own examples, sources, and questions.
Nestor Navarro conveyed a negative easement over his rural parcel to neighbor Nicole Navarro. When Nestor later began erecting a large illuminated billboard, Nicole obtained an injunction preventing the construction because the easement allowed her to stop any structure that would obstruct her view of the mountains.
Neptune Energy purchased land subject to a recorded negative easement that prohibited industrial uses. When the company began drilling test wells, the neighboring owner sued to enforce the restriction, treating the negative easement as a restrictive covenant under modern doctrine.
Nyah Ndlovu bought a lot burdened by a negative covenant requiring her to refrain from building any structure taller than one story. When she submitted plans for a two-story addition, the adjacent owner enforced the covenant because the burden was negative in nature.
Nolan Nunez leased space in a shopping center subject to a negative easement recorded against the parcel that barred exterior signage. When he installed a large illuminated sign, the landlord obtained an order requiring its removal because the negative easement functioned as a restrictive covenant limiting permissible uses.
A negative easement allows the holder to prevent the servient owner from performing acts the owner would otherwise be privileged to do. An affirmative easement instead permits the dominant owner to enter and perform acts on the servient land.
Supporting sources
The Restatement treats negative easements as restrictive covenants rather than easements. This classification reflects the modern view that a negative easement simply imposes a duty to refrain from certain land uses.
Supporting sources
The nature of the burden controls the classification. A negative covenant requires the covenantor to refrain from specified conduct, while an affirmative covenant requires the covenantor to perform an act.
Supporting sources
Nikhil Narayan and his partner challenged a state law banning same-sex marriage. The Court held that the Due Process Clause protects a negative liberty interest in personal autonomy that prevents the state from imposing such a prohibition on intimate choices.
Noah Nakamura and his wife challenged a state statute criminalizing the use of contraceptives by married couples. The Court recognized a negative liberty interest in marital privacy that bars the state from enforcing such a prohibition inside the home.
Negative liberty refers to freedom from governmental restraint or interference. It stands in contrast to positive liberty, which would require the government to provide affirmative benefits or entitlements.
Supporting sources
…protected. For these reasons we are all of opinion that the question certified by the circuit court should be answered in the negative: the defendant is not entitled, under the facts stated, to the same defence against the plaintiff as if the suit were between the original parties to the bill. We shall direct that answer…