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 New Jersey, an affirmative easement, or positive easement, grants the holder the right to use another person's land for a specific purpose. This type of easement creates a relationship between two properties: the dominant estate, which benefits from the easement, and the servient estate, which is subject to the easement. The easement is typically established through a written agreement and recorded with the county clerk to provide notice of the easement's existence. Affirmative easements must be created with clear intent and can be established by a deed, will, or implication. They are legally binding and can be enforced by the dominant estate if the servient estate interferes with the easement rights. In the case of disputes, New Jersey courts will interpret the scope of the easement based on the language of the grant or the circumstances surrounding its creation. It's important for both the dominant and servient estate owners to understand the terms and limitations of the easement to avoid legal conflicts.