• New Batch: 5 June 2024

May 17, 2024

What are Affirmative Easements and Negative Easements.

Easements grant specific rights to use another person’s property. But these rights can be structured in two main ways: affirmative easements and negative easements.

Affirmative Easement:

  • Definition: An affirmative easement grants the right to do something specific on another’s property. This allows the easement holder to actively use a portion of the land.
  • Example: Imagine a property owner (Landowner A) has a long driveway that cuts across their neighbor’s (Landowner B) land. Landowner B grants Landowner A an affirmative easement for a right of way. This allows Landowner A to use the defined path on Landowner B’s property to access the public road.

Negative Easement:

  • Definition: A negative easement restricts the owner of a property (the servient estate) from doing something specific on their own land. This doesn’t grant the easement holder the right to use the land, but rather limits the owner’s actions to preserve a certain benefit for the easement holder (the dominant estate).
  • Example: Suppose you own a house with a beautiful ocean view. You negotiate with your neighbor behind you (who is planning to build) for a negative easement. This easement restricts your neighbor from building above a certain height, ensuring your ocean view remains unobstructed.
Feature Affirmative Easement Negative Easement
Action Allows a specific action Restricts an action
Benefit Easement holder can do something on another’s property Easement holder benefits from the restriction on the other’s property
Example Right of way, right to access utilities Restriction on building height, maintaining a view


By understanding the difference between affirmative and negative easements, you can better understand how property rights can be structured to benefit both parties involved.

Get In Touch

B-36, Sector-C Aliganj – Near Aliganj Post Office Lucknow – 226024 (U.P.) India

+91 8858209990, +91 9415011892

lucknowvaidsics@gmail.com / drpmtripathi.lucknow@gmail.com

Reach Us
Our Location

Google Play

About Us

VAIDS ICS Lucknow, a leading Consultancy for Civil Services & Judicial Services, was started in 1988 to provide expert guidance, consultancy, and counseling to aspirants for a career in Civil Services & Judicial Services.

The Civil Services (including the PCS) and the PCS (J) attract some of the best talented young persons in our country. The sheer diversity of work and it’s nature, the opportunity to serve the country and be directly involved in nation-building, makes the bureaucracy the envy of both-the serious and the adventurous. Its multi-tiered (Prelims, Mains & Interview) examination is one of the most stringent selection procedures. VAID’S ICS Lucknow, from its inception, has concentrated on the requirements of the civil services aspirants. The Institute expects, and helps in single-minded dedication and preparation.

© 2023, VAID ICS. All rights reserved. Designed by SoftFixer.com