vustudents
04-29-2012, 11:08 PM
(1) [/B]A positive or affirmative easement confers a right to commit some act upon the serivent tenement. A negative easement involves merely a right to prohibit the commission of certain acts upon the serivent tenement which the serivent owner would have been otherwise entitled to commit. With regard to adverse user which, if continued, may give rise to a prescriptive claim to an easement, a positive or affirmative easement differs from a negative easement, for the adverse user of the accommodation in the case of an inchoate negative easement can in no circumstances be interrupted except by acts done upon the servient tenement, whereas the adverse user of the accommodation in the case of an inchoate affirmative constituting as it does a direct interference with the enjoyment by the servient owner of his tenement may be the subject of legal proceedings as well as of physical interruption.