Affirmative Easement Law and Legal Definition

Affirmative easement is an easement which entitles the servient land owner to do or allow certain actions by the easement holder. Such types of easement may include discharging water onto the servient land, using a kitchen situated on another’s land for washing and drying clothes, or using a toilet situated on another’s land. These rights, if not for the easement, would constitute trespass or nuisance. Affirmative easements give rights of entry upon the land of another, not for profits but for permitting to do something on that land. An affirmative easement is also termed as a positive easement.