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 New Hampshire, 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 land records where the properties are located, ensuring that the easement is recognized and enforceable. The easement remains in effect even if the properties change hands, binding subsequent owners. The specific rights and obligations of the dominant and servient estates are governed by the terms of the easement agreement and New Hampshire state law. It is important for both parties to understand the scope and limitations of the easement to prevent disputes. If disagreements arise, they may be resolved through negotiation, mediation, or, if necessary, litigation. Property owners considering creating or affected by an affirmative easement should consult with an attorney to understand their rights and responsibilities under New Hampshire law.