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 Virginia, 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 local land records to provide notice of the easement's existence to potential buyers and to establish its enforceability. The easement remains attached to the property even if the ownership of the involved properties changes. Virginia law requires that the terms of the easement, such as the purpose, location, and any limitations on its use, be clearly defined. The creation, modification, and termination of easements can be complex and may involve negotiation between the property owners or even litigation. It is advisable for property owners to consult with an attorney to understand their rights and obligations related to an affirmative easement.