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 California, an affirmative easement grants the holder the right to use another person's land for a specific purpose. This type of easement creates a relationship between two properties: the dominant estate, which benefits from the easement, and the servient estate, which is subject to the easement. The easement is typically recorded in a deed or similar document and runs with the land, meaning it continues to apply even if the properties change ownership. California law requires that the creation of an easement be in writing unless it is created by implication or prescription. The use of the easement must be clear and consistent with the terms under which it was granted. Disputes over easements can be resolved through negotiation, mediation, or litigation, and the specific rights and responsibilities of the parties may be detailed in the easement agreement or determined by state statutes and case law.