What is a negative servitude?

A negative servitude is a legal form of property restriction that works to limit the actions of the landowner in Kansas. It is similar to an easement and gives another party (often the government or a neighbor) the right to limit how the landowner can use their property. A negative servitude is most commonly used for public works; it ensures that the landowner cannot make any changes to their land that would block access or use of the public project. For example, if the government wants to build a sidewalk or a road on a private property, it can create a negative servitude to make sure that the landowner agrees to these uses and will not block the project. Negative servitudes are also commonly used by neighbors to ensure that they have access to land that they may need to use, such as for a driveway. This type of servitude provides the landowner with the assurance that their neighbor’s access won’t be blocked. Negative servitudes can also be used to ensure that certain types of activity are not going on in the neighborhood, such as housing certain types of businesses or developing certain types of buildings. By granting a negative servitude, the landowner agrees to not take certain types of actions on their property. Overall, negative servitudes are legal tools that allow the government and the landowner to come to an agreement about how the land will be used. These types of restrictions can be beneficial in a variety of circumstances and ensure that the landowner’s actions are limited in a way that satisfies all parties involved.

Related FAQs

What is a tenancy in common?
What is the right of survivorship?
What happens if the mortgage is not paid?
What is a deed of confirmation?
What should be included in a real estate purchase contract?
What is a leasehold estate?
What is the doctrine of fixtures?
What is title insurance?
What is an estoppel?
What is the difference between an easement appurtenant and an easement in gross?

What is a negative servitude?

Related FAQs

Related Blog Posts