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 Mexico, an affirmative easement, also known as a positive easement, is a legal right that allows the holder of the easement (the dominant estate) to use the land of another (the servient estate) for a specific purpose. This right is typically granted through a written agreement and recorded with the county clerk in the county where the property is located to provide notice of the easement to potential buyers and others dealing with the property. The easement is considered a property interest and generally runs with the land, meaning it continues to apply even if the property is sold to a new owner. The specific rights and obligations of the dominant and servient estates are defined by the terms of the easement agreement, and these terms must be adhered to by both parties. New Mexico law will enforce and interpret these easements in accordance with the principles of property law, and disputes can be resolved through negotiation, mediation, or litigation if necessary.