Affirmative Easement

An affirmative easement is a legal right that allows one property owner to use a portion of another person’s property for a specific purpose, such as accessing a road or utility. Unlike a negative easement, which restricts how a property owner can use their land, an affirmative easement grants the easement holder the ability to perform certain actions on the servient property (the one yielding the easement). This arrangement must be agreed upon, usually in writing, and it benefits the easement holder while placing some limitations on the property owner’s rights on their own land.