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 Iowa, an affirmative easement, also known as a positive easement, is a property interest that allows the holder (the dominant estate) to use the land of another (the servient estate) for a specific purpose. This type of easement is typically created by a written agreement between the property owners and is recorded with the county recorder's office to provide notice of the easement's existence to subsequent purchasers. The easement is attached to the property, not the individual, meaning it generally remains in place even if the property changes hands. The easement must be used in accordance with its terms and cannot be expanded beyond what is granted. Iowa law requires that the use of the easement be reasonable and not place an undue burden on the servient estate. Disputes over easements can be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the creation, interpretation, and enforcement of easements.