Which of the following would NOT be considered a negative easement?

• A. Access right of way
• B. Air rights
• C. Drainage easement
• D. Conservation easement

Answer: (A)

Negative easements are restrictions that prevent the owner of the servient property from using their land in certain ways to benefit another property. Positive easements, on the other hand, grant someone a use of the land.

A right of way for access across someone else’s property is a positive easement because it provides a use of the land (the ability to cross). The other options describe restrictions: air rights limit how high or how much of the air space the owner can use, drainage easements constrain drainage practices to benefit another property, and conservation easements restrict development or land use to protect conservation values. All of these are restrictions on the servient owner, i.e., negative easements.

So, the access right of way is the one that would NOT be considered a negative easement.