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 Alabama, an affirmative easement grants a property owner (the dominant estate) the right to use a portion of another's property (the servient estate) for a specific, limited purpose. This could include, for example, the right to discharge water or deposit cut grass onto the servient estate. Affirmative easements are typically established through a written agreement and recorded in the county where the property is located to provide notice of the easement's existence to potential buyers and others dealing with the property. The creation, transfer, and termination of easements in Alabama are governed by state statutes and case law. It's important for both the dominant and servient estate owners to understand the terms and conditions of the easement, as these will dictate the extent of the use and obligations of each party. Disputes over easements may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the legal rights and remedies available to the parties involved.