What is a negative servitude?

A negative servitude is a right given to a property owner that allows them to restrict how another person may use that property. It typically requires the other person to not use the property in a certain way. In Florida, negative servitudes are sometimes called restrictive covenants or easements. While they can be found in deeds, they are sometimes part of a contract between the parties. Negative servitudes are most commonly used when two properties are adjacent to each other, such as in a subdivision. The restriction could be that the property owner cannot build on the land or use it for agricultural purposes. It could also restrict a person from doing activities such as keeping livestock or running a business. In Florida, a negative servitude is enforceable only if it is reasonable and it does not create an undue burden. For example, if a person is restricted from building a pool, but the pool would be the only way they would otherwise be able to enjoy their property, this would be an undue burden. Negative servitudes can be a beneficial tool for both parties, as long as they are reasonable and enforced in accordance with Florida law. Consulting an experienced attorney is the best way to evaluate and determine the validity of a negative servitude.

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