Dominick and Daisy own neighboring properties in Shady Pines, near the ocean. Dominick is environmentally minded and has installed several small wind turbines to generate power for his DJ stand and lights. Dominick has an easement that prevents Daisy from building any structure higher than 20 twenty feet so that the wind is uninterrupted. (a) Who has the dominant tenement? Who has the servient tenement? Why? (b) Is this a negative or affirmative easement? How do you know?

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Dominick and Daisy own neighboring properties in Shady Pines, near the ocean. Dominick is environmentally minded and has installed several small wind turbines to generate power for his DJ stand and lights. Dominick has an easement that prevents Daisy from building any structure higher than 20 twenty feet so that the wind is uninterrupted.

(a) Who has the dominant tenement? Who has the servient tenement? Why?

(b) Is this a negative or affirmative easement? How do you know?

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