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 Michigan, an affirmative easement, also known as a positive easement, is a property interest that allows the holder (the dominant estate) to use land owned by someone else (the servient estate) for a specific purpose. This type of easement is typically created through a written agreement and recorded in the county where the property is located, which provides public notice of the easement. The easement remains attached to the property even if the ownership of the involved properties changes. The terms of the easement, including the rights and obligations of both the dominant and servient estates, are defined by the agreement and governed by Michigan property law. The servient estate must allow the use specified in the easement, such as the right to discharge water or deposit cut grass onto the servient property. Disputes over easements can be resolved through negotiation, mediation, or litigation, and an attorney with experience in real estate law can provide guidance on the creation, interpretation, and enforcement of easements in Michigan.