negative

A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue.

As to negative covenant

- negative easement

- negative servitude

- negative statute

- negative testimony, see those titles

@ negative averment

As opposed to the traverse or simple denial of an affirmative allegation, a negative averment is an allegation of some substantive fact, e.g., that premises are not in repair, which, although negative in form, is really affirmative in substance, and the party alleging the fact of non-repair must prove it. An averment in some of the pleadings in a case in which a negative is asserted. U. S. v. Eisenminger, D.C.Del., 16 F.2d 816, 819

@ negative condition

One by which it is stipulated that a given thing shall not happen

@ negative covenant

A provision in an employment agreement or a contract of sale of a business which prohibits the employee or seller from competing in the same area or industry. Such restriction must be reasonable in scope and duration

@ negative easement

A right in owner of dominant tenement to restrict owner of servient tenement in exercise of general and natural rights of property. Fort Dodge, D. M. & S. Ry. v. American Community Stores Corp., 256 Iowa 1344, 131 N.W.2d 515, 521.

An easement which restrains a landowner from making certain use of his land which he might otherwise have lawfully done but for that restriction and such easements arise principally by express grant or by implication. Huggins v. Castle Estates, Inc., 36 N.Y.2d 427, 369 N.Y.S.2d 80, 330 N.E.2d 48, 51

+ negative easement

Those where the owner of the servient estate is prohibited from doing something otherwise lawful upon his estate, because it will affect the dominant estate (as interrupting the light and air from the latter by building on the former).

As to reciprocal negative easement, see that title below.

@ negative evidence

Testimony that an alleged fact did not exist.

See rebuttal evidence

@ negative pregnant

In pleading, a negative implying also an affirmative. Such a form of negative expression as may imply or carry within it an affirmative. A denial in such form as to imply or express an admission of the substantial fact which apparently is controverted; or a denial which, although in the form of a traverse, really admits the important facts contained in the allegations to which it relates. Cramer v. Aiken, 63 App. D.C. 16, 68 F.2d 761, 762.

It occurs in responsive pleading where the denial is stated in the very words employed in the complaint and negative pregnant is condemned because it is pregnant with alternative admissions to allegations of the complaint. Prestin v. Baumgartner, 47 Wis.2d 574, 177 N.W.2d 825, 827

@