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 South Carolina, an affirmative easement, or positive easement, is a legal right that allows the holder of the easement to use another person's property for a specific purpose. The property benefiting from the easement is known as the dominant estate, while the property over which the easement runs is called the servient estate. Affirmative easements are typically created by a written agreement and recorded in the county where the property is located, ensuring the easement is known to potential buyers and part of the public record. These easements can be established for various uses, such as access to a road, utility lines, or, as in the example provided, for drainage or disposal of cut grass. The creation, modification, and termination of easements in South Carolina are governed by state statutes and case law, which outline the rights and obligations of both the dominant and servient estate owners. It is important for easement holders and property owners to understand their legal rights and responsibilities to avoid disputes and ensure proper use of the easement.