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 Utah, 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 with the county recorder's office where the properties are located, ensuring the easement is recognized and enforceable. The easement remains attached to the property even if the ownership of the involved properties changes. The use granted by the easement must be clear and cannot exceed what is agreed upon or legally granted. For example, if a landowner has an affirmative easement to discharge water onto an adjoining property, they can exercise this right within the limitations set by the easement agreement. Disputes over easements can be resolved through negotiation, mediation, or litigation, and Utah courts will interpret the terms of the easement based on the original intent and the language of the easement document.