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 Connecticut, an affirmative easement, also known as a positive easement, is a property interest that allows the holder (the dominant estate) to use another person's land (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. The dominant estate benefits from the easement, while the servient estate is burdened by it, but must allow the specified use, such as discharging water or depositing cut grass onto the servient estate. Connecticut law requires that the use be definite, reasonable, and not overly burdensome to the servient estate. Disputes over easements can be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on establishing, modifying, or enforcing an easement.