An affirmative easement (also known as a positive easement) is an interest in another person’s land that allows the easement holder or easement owner (the dominant estate) to use the other person’s property (often an adjoining property) for a limited purpose.
For example, a landowner (the dominant estate) may have an affirmative easement that requires the owner of the adjoining property (the servient estate) to permit a limited use of the servient estate, such as discharging water or grass that has been cut onto the servient estate.
The terminology of the dominant estate and the servient estate is best understood by focusing on the use permitted by the easement. The dominant estate is the property with the right to use the servient estate (which is serving the dominant estate in some way).
In Alaska, an affirmative easement, also known as a positive easement, is a property interest that allows the holder of the easement (the dominant estate) to make affirmative use of another person's property (the servient estate). This type of easement grants the right to perform certain actions on the servient estate, such as discharging water or depositing cut grass. The creation of an easement in Alaska typically requires a written agreement that meets the requirements of a deed, including a description of the affected properties and the terms of the easement. It must be signed by the party granting the easement and is often recorded in the public records to provide notice of the easement's existence. Easements can also be created by necessity, implication, or prescription under certain circumstances. The rights and obligations of the dominant and servient estate owners regarding the maintenance, use, and termination of the easement are generally governed by the terms of the easement agreement and Alaska state law.