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 Wisconsin, an affirmative easement, or positive 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 could include the right to discharge water or deposit cut grass onto the servient estate. The creation of such easements can be through an agreement between the parties, by necessity, by prescription (similar to adverse possession), or by implication. The terms of the easement, including the rights and responsibilities of each party, are typically outlined in a written document, which is recorded with the county register of deeds. Wisconsin statutes and case law govern the establishment, interpretation, and enforcement of easements. It is important for both the dominant and servient estate owners to understand the terms and legal implications of the easement, as it can affect property rights and usage. An attorney can provide specific advice and assistance in matters related to easements.