What is a negative servitude?
A negative servitude is a type of property law found in Washington and other states. It is a restriction on how a piece of property can be used. For example, a negative servitude may restrict an owner from building or doing anything on their land that could cause an unreasonable interference with the neighbor’s use and enjoyment of their property. A negative servitude can be established in a number of ways. It may be created through an agreement between the parties, a court order, or an act of the legislature. When a property owner violates the restriction, the court may award damages to the neighboring landowner for any damages resulting from the violation. Negative servitudes are often used to ensure that certain types of activities, such as operating a business, do not unreasonably interfere with the neighboring property owner’s use and enjoyment of their property. It can also be used to protect a neighbor from excessive noise or light from their neighbor’s property. Negative servitudes are important to protect the rights of neighboring landowners and prevent unreasonable interference with their use and enjoyment of their property. They are also important for ensuring that property owners do not overstep their boundaries and infringe on the rights of their neighbors.
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