Section 7 Affirmative or Negative

• Library: Real Estate Fundamentals 2011

Affirmative easements authorize the doing of an act or acts on the servient estate that, if no easement existed, would give rise to a right of action—i.e., the creation of a privilege. Wilson v. Owen, 261 S.W.2d 19, 24 (Mo. 1953). For example, a right of ingress or egress is an affirmative easement because it allows the dominant tenant to enter the servient estate.

Negative easements preclude the owner of the land subject to
the easement (the servient estate) from doing an act that the owner otherwise would...