What is a negative servitude?

A negative servitude is a legal term defined in Alaska as a type of real property law. In essence, it is an obligation that one person has to another person with respect to the use of their real property. It is essentially a restriction on the use of the property, imposed by the owner for the benefit of a dominant estate. For example, if you own a farm and would like to prevent another property owner from building a large structure on their land which would block your view, you may impose a negative servitude on their property. This servitude would restrict the other property owner’s rights to construct a large structure on their land. Negative servitudes are enforceable by law, and they are often imposed when one property owner has an interest that must be protected from the potential actions of a neighbor. It’s important to note that negative servitudes restrict the use of the property, but do not give the owner of the dominant estate any direct rights to the other property. As with any real estate matter, it’s important to consult an experienced attorney before attempting to impose or enforce a negative servitude in Alaska.

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