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 West Virginia, 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 in the county where the properties are located, ensuring notice to all parties and future owners. The easement remains attached to the property even if ownership changes, unless legally terminated. The use granted by the easement must be clear and cannot exceed what is established in the agreement. For instance, if a landowner has an affirmative easement to discharge water onto an adjoining property, they are limited to that use and cannot expand it without consent. West Virginia law requires that the use of the easement be reasonable and not place an undue burden on the servient estate. Disputes over easements can be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on establishing, enforcing, or terminating an easement.