Which concept restricts a landowner from using a portion of land that they may have otherwise lawfully used?

Which concept restricts a landowner from using a portion of land that they may have otherwise lawfully used?

• A. Restrictive Covenant
• B. Variance
• C. Negative Easement
• D. Conditional Use

Answer: (C)

A negative easement is a real property right that burdens the owner of one parcel by prohibiting certain uses of that parcel in order to benefit a neighboring parcel. In other words, it restricts how the landowner may use a portion of their land, even though that use might otherwise be lawful, to protect the rights of another property. A classic example is a right to light or air, where the owner cannot build or grow something that would obstruct the neighbor’s light. A restrictive covenant also limits how land can be used, but it’s a contractual promise created by agreement and binding on future owners, rather than a directly enforceable right attached to the land itself. A variance is an exception to zoning rules, allowing a use that would normally be prohibited. A conditional use is a permitted use approved under specific conditions. The negative easement best fits the idea of restricting use of land to benefit another party.

A negative easement is a real property right that burdens the owner of one parcel by prohibiting certain uses of that parcel in order to benefit a neighboring parcel. In other words, it restricts how the landowner may use a portion of their land, even though that use might otherwise be lawful, to protect the rights of another property. A classic example is a right to light or air, where the owner cannot build or grow something that would obstruct the neighbor’s light.

A restrictive covenant also limits how land can be used, but it’s a contractual promise created by agreement and binding on future owners, rather than a directly enforceable right attached to the land itself. A variance is an exception to zoning rules, allowing a use that would normally be prohibited. A conditional use is a permitted use approved under specific conditions. The negative easement best fits the idea of restricting use of land to benefit another party.