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 Vermont, an affirmative easement, also known as a positive easement, is a property interest that allows the holder (the dominant estate) to use land owned by someone else (the servient estate) for a specific purpose. This type of easement is typically created through a written agreement and recorded in the land records to provide notice of the easement's existence. The easement is attached to the property, not the individual, meaning it generally remains in place even if the property is sold to a new owner. Vermont law requires that the use permitted by the easement must be clear and consistent with the terms of the easement grant. The easement holder's rights and the servient landowner's obligations are defined by the easement document itself, and any disputes are resolved based on the language of the agreement and Vermont property law. It is important for both the dominant and servient estate owners to understand the terms of the easement, as it can affect property rights and responsibilities, including maintenance and liability issues.