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 Louisiana, an affirmative easement, also known as a positive easement, is recognized as a type of servitude. According to Louisiana law, particularly the Louisiana Civil Code, a servitude is a charge on a servient estate for the benefit of a dominant estate. The owner of the dominant estate has the right to perform certain acts or make certain uses of the servient estate, which are necessary for the benefit and enjoyment of the dominant estate. These rights are typically established through a written agreement and recorded to provide notice. The servitude must be established for the benefit of the dominant estate and cannot exist in favor of a person without an estate. Louisiana law also provides for the maintenance and repair of the servitude, which is generally the responsibility of the owner of the dominant estate. The use of the servient estate must be in accordance with the terms of the servitude and cannot exceed what is necessary for the enjoyment of the dominant estate.