Which term refers to a restriction that prevents a landowner from using a portion of land in a way they could have lawfully used otherwise?

Which term refers to a restriction that prevents a landowner from using a portion of land in a way they could have lawfully used otherwise?

• A. Negative Covenant
• B. Comprehensive Zoning Plan
• C. Negative Easement
• D. Nonconforming Use

Answer: (C)

A negative easement describes a property right that prevents the owner of a parcel from using a portion of their land in a way they could have lawfully used otherwise, for the benefit of another property. This is the classic situation where use of the land is restricted to protect someone else’s rights, such as a right to receive light, or a right to support, even though the landowner could otherwise do certain things with that space. Because the restriction runs with the land and limits how the land itself can be used, it fits the description given in the question. By contrast, a negative covenant is a contractual promise not to do something on the land—it's a private agreement tied to the property, but not an easement that creates a continuing right to restrict someone else’s use of the land. A comprehensive zoning plan is government regulation that controls land use more broadly. Nonconforming use refers to continuing a pre-existing use after zoning changes, not a current restriction imposed on land use by virtue of a separate land-right.

A negative easement describes a property right that prevents the owner of a parcel from using a portion of their land in a way they could have lawfully used otherwise, for the benefit of another property. This is the classic situation where use of the land is restricted to protect someone else’s rights, such as a right to receive light, or a right to support, even though the landowner could otherwise do certain things with that space. Because the restriction runs with the land and limits how the land itself can be used, it fits the description given in the question.

By contrast, a negative covenant is a contractual promise not to do something on the land—it's a private agreement tied to the property, but not an easement that creates a continuing right to restrict someone else’s use of the land. A comprehensive zoning plan is government regulation that controls land use more broadly. Nonconforming use refers to continuing a pre-existing use after zoning changes, not a current restriction imposed on land use by virtue of a separate land-right.