What is a negative servitude?

A negative servitude is a type of property law in Virginia. It is a legal term for an easement that restricts how a property can be used. An easement is a legal agreement that allows one landowner to have use or access to another party’s land. It is important in real estate because it allows a party to use land in a way that would otherwise be restricted if the property was solely owned by one person. Negative servitudes in Virginia are similar to other easements, but the difference is that they involve restrictions that limit how the landowner can use or develop the land. For example, a negative servitude may require the landowner to keep the land clear from certain obstructions, such as trees or buildings. It could also require the landowner to maintain the land in a certain way for the benefit of other parties, such as the neighboring property owners. Negative servitudes in Virginia are enforced by the courts since they are legal agreements between two or more parties. It is important to understand the terms of the agreement carefully before entering into it so that you fully understand the restrictions placed on the land. If any of the terms are violated, then the opposing party may have the right to take action.

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