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 Delaware, 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 purpose. This type of easement is typically established through a written agreement and recorded with the county recorder's office to provide notice of the easement's existence. The easement remains attached to the property even if the ownership of the involved properties changes. The specific rights and obligations of the dominant and servient estate owners are governed by the terms of the easement agreement and Delaware state law. It is important for easement agreements to be clear and precise to avoid disputes. If disputes arise, they may be resolved through negotiation, mediation, or litigation. Property owners in Delaware may benefit from consulting with an attorney to understand the implications of granting or being subject to an affirmative easement.