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 Mississippi, 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 in the county where the property is located, ensuring that the easement is recognized and enforceable. The easement remains in effect even if the property is sold, and it is binding on subsequent owners. The specific rights and obligations of the dominant and servient estate owners are governed by the terms of the easement agreement and Mississippi state law. For example, if a landowner has an affirmative easement to discharge water onto an adjoining property, the easement would detail the extent and manner of such use. It is important for both parties to understand their rights and responsibilities under the easement to avoid disputes. If disputes arise, they may be resolved through negotiation, mediation, or, if necessary, litigation in the Mississippi courts.