MrThickRopes
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Simple English definitions for legal terms
light-and-air easement
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A quick definition of light-and-air easement:
A light-and-air easement is a type of easement that prevents a neighboring landowner from building something that would block light or air from reaching another person's property. An easement is a legal right to use or control someone else's land for a specific purpose, but it does not give the holder the right to own or sell the land. The land that benefits from the easement is called the dominant estate, while the land burdened by the easement is called the servient estate. Other types of easements include rights-of-way, rights to water, and rights to do something that would otherwise be considered a nuisance.A more thorough explanation:
A light-and-air easement is a type of negative easement that prevents an adjoining landowner from constructing a building that would block light or air from reaching the dominant estate. This means that the owner of the dominant estate has the right to receive light and air from a specific direction, and the owner of the servient estate cannot interfere with that right.
For example, if a homeowner has a light-and-air easement over their neighbor's property, the neighbor cannot build a tall fence or a large building that would block the sunlight or air flow to the homeowner's property.
This type of easement is often used in urban areas where buildings are close together and there is a risk of losing natural light and ventilation. It is also common in historic districts where preserving the character of the neighborhood is important.