Affirmative Easement

Definition

An affirmative easement is a type of easement that grants the holder the right to make use of another’s property for a specific active purpose. This use can involve passing over the land, installing utilities, or other activities that necessitate physical entry onto the property. Affirmative easements benefit the easement holder by allowing actions that would otherwise constitute trespass.

Examples

Access Easement: A homeowner may receive an affirmative easement to travel through a neighbor’s land to reach a public road.
Utility Easement: A utility company might have an affirmative easement to install power lines or sewer pipes on private property.
Storage Easement: A business may have the right to store construction materials on a part of an adjacent lot.

Frequently Asked Questions (FAQs)

What is the difference between an affirmative easement and a negative easement?

Affirmative Easeament allows a party to use another’s land in a specific way, such as access or utility installation. Negative Easement prevents the landowner from using their land in a certain manner that could affect the easement holder, such as blocking light or views.

How is an affirmative easement created?

Affirmative easements can be created through written agreements between parties, through necessity, or through long-term, open, and notorious use (prescriptive easements).

Can affirmative easements be transferred?

Yes, affirmative easements are generally transferred along with the benefitting property unless otherwise specified in the easement agreement.

How do I find out if there’s an easement on my property?

You can check with local county records or hire a title company to perform a detailed property search to find existing easements on your property.

Can an affirmative easement be terminated?

Yes, through mutual agreement, abandonment, cessation of the necessity, or court action, an affirmative easement can be terminated.

Negative Easement: A negative easement restricts a property owner from performing certain activities on their own land that would adversely affect the easement holder.
Easement by Prescription: An easement acquired through long-term, continuous, open, and notorious use of property without permission of the owner for a legally specified period.
Easement in Gross: An easement that benefits an individual or entity, not a piece of adjacent land.
Servient Estate: The property over which the easement runs and which is burdened by the easement.
Dominant Estate: The property that benefits from the easement.

Online Resources

References

Select U.S. legal cases and statutes such as Knudson v. Townsend (1989) and relevant state property laws.

Real Estate Basics: Affirmative Easements Fundamentals Quiz

### What defines an affirmative easement? - [ ] The prevention of any activity on someone else's land. - [ ] A shared agreement without a deed. - [ ] A guarantee of property ownership. - [x] The right to use another’s property for an active purpose. > **Explanation:** An affirmative easement allows someone to use another's property actively. It comes with specific rights rather than prohibitions. ### Can an affirmative easement be terminated by mutual agreement? - [x] Yes - [ ] No > **Explanation:** Affirmative easements can be terminated if both parties agree to it, among other ways like abandonment. ### Who benefits from an affirmative easement? - [x] Dominant estate - [ ] Servient estate - [ ] All neighbors - [ ] City Council > **Explanation:** The dominant estate is the property that benefits from the affirmative easement, enabling its owners certain rights over the servient estate. ### Is an affirmative easement automatically transferred with the transfer of the benefitting property? - [x] Yes - [ ] No > **Explanation:** Unless specified otherwise, the rights granted by an affirmative easement typically transfer along with the benefitting property. ### What’s an example of an affirmative easement? - [ ] Blocking sunlight from a neighboring property - [x] Installing sewer pipes on someone's property - [ ] Prohibiting loud noises - [ ] Maintaining historical trees > **Explanation:** Installing sewer pipes on someone else's property is an example of an affirmative easement where physical use is granted. ### Can an affirmative easement be created by long-term, open, and notorious use? - [x] Yes - [ ] No > **Explanation:** This refers to an easement by prescription, a way to create an easement by the continuous and obvious use of property over a statutory period. ### What is needed to create an affirmative easement? - [x] A written agreement, necessity, or prescriptive use - [ ] A property auction - [ ] Majority vote among landlords - [ ] A city ordinance > **Explanation:** Affirmative easements are most commonly created by written agreements, necessity, or long-term use known as prescriptive easements. ### Who generally holds an affirmative easement? - [ ] The servient estate - [ ] The city - [x] The dominant estate - [ ] The title company > **Explanation:** The dominant estate is the individual or entity that holds and benefits from the affirmative easement. ### Which term is related to an affirmative easement where all obligations involve not doing something? - [ ] Servient estate - [x] Negative easement - [ ] Relicensing - [ ] Contractual easement > **Explanation:** A negative easement prevents the property owner from performing certain acts on their own land that would affect the easement holder. ### How can one check for an affirmative easement on their property? - [x] Review local county records or hire a title company - [ ] Consult a neighbor - [ ] Inspect the landscape - [ ] Contact a surveyor > **Explanation:** Proper review of local county records or hiring a title company can reveal existing easements associated with a property.