What is an affirmative servitude?

An affirmative servitude is a legal term used in Washington property law that gives a landowner certain rights over an adjoining property. It is similar to an easement, which is a right of use over another’s land, but is a more specific type of legal agreement. An affirmative servitude entitles the landowner to take some action upon an adjoining property, such as a construction project, that would otherwise be prohibited. In most cases, an affirmative servitude is established by deed between two parties. A deed is a document that transfers land or other assets between people. An affirmative servitude deed will need to be properly filed with the Washington county recorder in order to become legally binding. Most affirmative servitude agreements are mutually beneficial for both parties involved. For example, one landowner might grant the other an affirmative servitude to construct a parking lot in exchange for a payment. An affirmative servitude can also be used to establish boundary lines between two properties. Overall, an affirmative servitude is an agreement that grants one landowner specific rights over an adjoining property. Affirmative servitudes must be established through a legal document often referred to as a deed and filed with the county recorder in order to become legally enforceable. These agreements can be mutually beneficial for both parties involved and are often used for construction projects and property boundaries.

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