Which statement about negative easements is correct?

• A. Negative easements can be created by implied grant.
• B. Negative easements require express grant.
• C. Negative easements are always appurtenant.
• D. Negative easements confer possessory rights.

Answer: (B)

Negative easements restrict a neighboring landowner’s use of land without giving possession, and creation generally must be in writing. Because interests in land must be evidenced by a writing, a negative easement is typically created only by express grant or reservation in a deed or similar instrument. This is why the correct statement is that negative easements require express grant. They are not typically created by implication or prescription, they are not required to be appurtenant to a particular parcel (they can be in gross in some contexts), and they do not confer possessory rights.