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 Ohio, an affirmative easement, or positive easement, is a property interest that allows the holder (the dominant estate) to use another person's land (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, ensuring that the easement is known to future buyers and runs with the land. The easement must be for a legitimate purpose and cannot unduly burden the servient estate. Ohio law requires that the terms of the easement, including the extent and manner of its use, be clear and specific. If disputes arise regarding the easement, they may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the legal rights and obligations of both the dominant and servient estate owners.