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 Washington State, an affirmative easement, also known as a 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 attached to the property and not just to the original owner. The easement remains in effect even if the servient estate is sold to a new owner. Washington law requires that the terms of the easement, such as the purpose and scope of use, be clearly defined. The easement holder cannot exceed these terms without potentially facing legal action for overuse or misuse of the easement. Disputes over easements can be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the rights and obligations of both the dominant and servient estate owners under Washington law.