What is the main difference between positive and negative easements?

Prepare for the Encumbrances Test with multiple choice questions and flashcards. Each question includes hints and explanations. Ace your exam with confidence!

The main difference between positive and negative easements lies in their functions concerning property use. A positive easement grants the holder the right to use a portion of another person's property for a specific purpose, such as accessing a road or a utility line. This enhances the use and enjoyment of their own property.

In contrast, a negative easement restricts the property owner from using their land in ways that could interfere with the rights of the easement holder. For instance, a negative easement might prevent a property owner from building a structure that would block light or air.

Recognizing this distinction is crucial in real estate and property law, as it impacts how properties can be developed or utilized. Understanding the purpose of each type of easement clarifies their implications for property rights and usage.

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