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 Florida, 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 the easement is acknowledged in the public record and binding on future owners. Florida law requires that the terms of the easement, including the extent and manner of its use, be clear and specific. The easement remains in effect until it is terminated or expires according to its terms, which may include a set time period or the occurrence of a specific event. Disputes over easements can be resolved through negotiation, mediation, or litigation, and in some cases, a court may need to interpret the easement's terms or enforce its conditions. It is advisable for property owners to consult with an attorney to understand their rights and obligations under an affirmative easement.