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 Pennsylvania, an affirmative easement, also known as a positive easement, is a property interest that allows the holder (the dominant estate) to use the land of another (the servient estate) for a specific purpose. This type of easement is typically created by a written agreement between the property owners or by a court order. The easement is recorded with the county recorder's office to provide notice of its existence to potential buyers and others dealing with the property. The easement remains attached to the property even if the ownership of the involved properties changes. The specific rights and obligations of the dominant and servient estates are defined by the terms of the easement agreement or the court order establishing the easement. In the case of an easement for discharging water or depositing cut grass, the dominant estate would have the right to perform these actions on the servient estate, within the limits set by the easement. It is important for property owners to understand their rights and obligations under an easement and to consult with an attorney if they have questions or if disputes arise.