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 Oklahoma, 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 with the county clerk where the properties are located to provide notice of the easement's existence. The easement remains attached to the property even if the ownership of the involved properties changes. The use must be clearly defined and can include activities such as discharging water or depositing cut grass onto the servient estate. Oklahoma law requires that the use of the easement must not exceed what is reasonably necessary for the enjoyment of the dominant estate and must not unduly burden the servient estate. Disputes over easements can be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on establishing, modifying, or enforcing an easement.