negative easement การใช้

• Because the law has been very chary of creating any new negative easements.
• Seeing that it is a negative easement, it must be looked at with caution.
• It seems in some way to partake of the nature of a positive easement rather than a negative easement.
• In all U . S . jurisdictions, an " easement for view " ( which is a negative easement ) cannot be created by prescription.
• A historical example of Solar access is Ancient Lights, a doctrine based on English law that refers to a negative easement that prevents the owner or occupier of an adjoining structure from building or placing on his own land anything that has the effect of obstructing the light of the dominant tenement.
• It is a principle which must be equally appropriate to the case of affirmative as of negative easements; in other words, it is equally unreasonable to imply your consent to your neighbour enjoying something which passes from your tenement to his, as to his subjecting your tenement to something which comes from his, when in both cases you have no power of prevention.
• But the affirmative easement differs from the negative easement in this, that the latter can under no circumstances be interrupted except by acts done upon the servient tenement, but the former, constituting, as it does, a direct interference with the enjoyment by the servient owner of his tenement, may be the subject of legal proceedings as well as of physical interruption.
• There are two kinds of easements known to the law : positive easements, such as a right of way, which give the owner of land a right himself to do something on or to his neighbour's lands and negative easements, such as a right of light, which gives him a right to stop his neighbour doing something on his ( the neighbour's ) own land.