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 Georgia, an affirmative easement, also known as a positive easement, is a property interest that allows the holder (the dominant estate) to make affirmative use of another person's land (the servient estate). This type of easement is typically created through a written agreement and recorded in the county where the property is located, ensuring that the easement is binding on future owners of the servient estate. The easement must be for a specific, limited purpose, such as the right to discharge water or deposit cut grass onto the servient estate. Georgia law requires that the terms of the easement be clear and that the easement does not place an undue burden on the servient estate. The creation, modification, and termination of easements in Georgia are governed by state statutes and case law, and they may also be subject to local zoning and land use regulations. It is important for both the dominant and servient estate owners to understand their rights and obligations under the easement to avoid legal disputes.