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 Nevada, an affirmative easement, or positive easement, is a legal right that allows the holder (the dominant estate) to use another person's property (the servient estate) for a specific purpose. This type of easement is typically established through a written agreement and recorded with the county recorder's office where the properties are located, ensuring that the easement is recognized and enforceable. The easement remains attached to the property even if the ownership of the involved properties changes. Nevada law requires that the use of the easement must be clear and consistent with the terms of the agreement. The dominant estate's use of the servient estate must not exceed what is reasonably necessary for the enjoyment of the easement. Disputes over easements can be resolved through negotiation, mediation, or litigation, and in some cases, a court may need to interpret the extent and terms of the easement if the parties cannot reach an agreement.