Also known as:affirmative easement · positive easement · positive easements
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory interest in land that authorizes its holder to perform specified acts on the servient estate that would otherwise constitute trespasses or other torts.
Sources & Authorities
How it applies
Common Examples
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Utility Access Across Servient Parcel
Anchor Bank obtained a recorded grant from the prior owner of Arcadia Retail's lot authorizing the bank to install and maintain overhead power lines along a ten-foot strip at the rear boundary together with rights of entry for inspection and repair. Arcadia Retail later acquired the lot and objected to the lines while planning an addition that would cover the strip. Anchor Bank continued to enter the strip to service the lines. The recorded grant created an affirmative easement that permitted Anchor Bank to keep and maintain the lines despite Arcadia Retail's objections.
Pipeline Maintenance on Ranch Land
Lone Star Energy received a recorded grant from Riley authorizing burial and perpetual maintenance of a gas pipeline across a described strip of Riley's ranch together with reasonable access for inspection and repair. Riley sold the ranch to Carter subject to all recorded interests. Carter demanded removal of the pipeline. The recorded grant created an affirmative easement that entitled Lone Star Energy to keep and service the pipeline on Carter's land.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
Bormann v. Board of Supervisors in and for Kossuth County584 N.W.2d 309 (Iowa 1998)
Common questions
Frequently Asked
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How does an affirmative easement differ from a negative easement?+
An affirmative easement authorizes the holder to enter and perform acts on the servient land that would otherwise be trespasses. A negative easement instead restricts the servient owner from engaging in specified uses of the servient land.
Supporting sources
When does a recorded grant create an affirmative easement rather than a revocable license?+
A recorded grant that authorizes ongoing physical use of defined portions of another's land creates an affirmative easement. The interest runs with the land and binds successors, unlike a license that remains personal and revocable at will.
Supporting sources
Does an affirmative easement allow the holder to exclude the servient owner from the burdened area?+
No. The servient owner retains full possession and use of the land subject only to the specific use rights granted by the easement. The easement holder may not interfere with the servient owner's remaining rights.
Supporting sources
Can a later purchaser of the servient estate unilaterally revoke an affirmative easement?+
No. Once created by a valid recorded grant, an affirmative easement is an interest in land that binds successors and continues according to its terms until terminated by recognized legal means such as release or merger.
Supporting sources
71 P.3d 938 (Colo. 2002)Property
…profit' in this Restatement." The Restatement distinguishes between easements and profits stating "[p]rofits à prendre are like affirmative easements in that they create rights to enter and use land in possession of another. However, they also create the right to remove something from the land." Restatement, supra , § 1.2(2) cmt. (a).…