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 North Carolina, an affirmative easement, or positive easement, grants the holder the right to use another person's land for a specific purpose. The land benefiting from the easement is known as the dominant estate, while the land over which the easement runs is called the servient estate. The creation of an easement in North Carolina typically requires a written agreement that must be signed and notarized, following the state's statute of frauds. This agreement should clearly define the scope and terms of the easement, including the rights and responsibilities of both the dominant and servient estate owners. Once established, the easement is usually recorded with the county's Register of Deeds to provide public notice of the easement's existence. Easements can be created for various purposes, such as for drainage or access, and are binding on subsequent owners of the servient estate. Disputes over easements may be resolved through negotiation, mediation, or litigation, and in some cases, an easement can be terminated by agreement, abandonment, or other legal mechanisms.