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 Hawaii, an affirmative easement, also known as a positive easement, is a property interest that allows the holder (the dominant estate) to use another person's land (the servient estate) for a specific purpose. This type of easement is typically created by a written agreement and recorded in the county where the property is located, ensuring that the easement is known to future buyers and is legally enforceable. The easement might allow for various uses such as access to a road, the installation of utility lines, or, as in the example provided, the discharge of water or disposal of grass clippings onto the servient estate. The creation, modification, and termination of easements in Hawaii are governed by state statutes and case law. It's important for both the dominant and servient estate owners to understand their rights and obligations under the easement, which may be outlined in the deed or easement agreement. An attorney can provide specific advice on creating an easement, resolving disputes, or understanding the legal implications of an existing easement.