NCEES Principles and Practice of Surveying Practice Exam

Which type of easement allows the dominant estate to prevent certain actions on the servient estate?

1. Negative Easements

2. Affirmative Easements

3. Appurtenant Easements

4. Easements in Gross

The correct answer is: Negative Easements

The correct choice refers to negative easements, which are specifically designed to prevent the owner of the servient estate (the property burdened by the easement) from engaging in certain actions that could affect the use or enjoyment of the dominant estate (the property that benefits from the easement). Negative easements grant rights that restrict the servient estate's use in a way that preserves specific views, light, air, or other aspects beneficial to the dominant estate. For example, if a property owner holds a negative easement for a view, the servient estate's owner cannot build structures that would obstruct that view. This form of easement is critical in maintaining the intended enjoyment of the dominant estate without interference from the servient estate’s activities. In contrast, affirmative easements grant the dominant estate the right to perform certain activities on the servient estate, such as accessing a pathway or utility line. Appurtenant easements are tied to a specific parcel of land and benefit that land, while easements in gross are not connected to land ownership and may benefit individuals or entities directly. Understanding these distinctions helps clarify why negative easements serve a unique function in land use law.