Also known as: negative servitudes · negative easement
Written by attorneys · grounded in primary & secondary sources — see below
A servitude that benefits one parcel by preventing the owner of the burdened parcel from performing acts that would otherwise be lawful. The restriction limits permissible uses of the servient land and runs with the land when properly created and recorded.
Harold recorded a subdivision declaration barring commercial signage on corner lots. Mia bought one such lot with record notice and planned a backlit billboard. The association and neighbor Lewis sued to stop construction. The court treated the recorded prohibition as a negative servitude binding Mia and enforceable by the benefited owners.
MedCore recorded a declaration forbidding urgent care or overnight stays on any parcel in its medical complex. Apex bought a parcel and proposed a 24-hour clinic. Neighboring owner Harbor Clinic sued to enjoin the use. The court classified the prohibition as a negative servitude running with the land and enforceable against Apex.
Select any source to read its text and confirm it supports the definition.
The Riverfront Arts District Trust recorded deeds stating no unit could be used for non-arts retail or general office space. Lina purchased a gallery unit and sought to lease it to a design firm. Neighbor Marco sued to block the lease. The court held the recorded term created a negative servitude limiting land use and enforceable by benefited gallery owners.
McLean began building a gasoline station at the rear of a residential lot subject to a recorded subdivision plan limiting uses to dwellings. Neighboring owners sued to enjoin the station. The court enforced the plan as a negative servitude running with the land that prevented the proposed commercial activity.
A negative servitude requires the burdened owner to refrain from specified uses of the land. An affirmative covenant instead requires the owner to perform an act such as making payments or maintaining a structure. The distinction turns on whether the burden compels forbearance or affirmative conduct.
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Yes when the instrument creating it is recorded and shows intent that the burden and benefit attach to the parcels. Subsequent purchasers with notice take subject to the restriction and may be enjoined from violating it.
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Yes. Modern doctrine focuses on the substance of the restriction rather than magic words in the instrument. A recorded promise limiting land use qualifies as a negative servitude or restrictive covenant regardless of the precise label used.
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Yes. Record notice binds the purchaser to the restriction so that benefited owners may obtain an injunction preventing the prohibited use.
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…by restrictions upon 53 of the 91 lots fronting on Collingwood avenue, and that defendants' lot is subject to a reciprocal negative easement barring a use so detrimental to the enjoyment and value of its neighbors. Defendants insist that no restrictions appear in their chain of title and they purchased without notice of any…