A private easement is an easement that provides the right to use and enjoy a tract of property (the servient estate) by one specific person or a few specific people. Private easements are often sold to an adjoining property owner to allow the adjoining property owner to use the easement seller’s property in a limited way.
For example, a private sewer easement may be sold to a person building a house to allow the sewer line to slant properly to the street—which may require it to run underneath the easement seller’s property (the servient estate).
In Arizona, a private easement is a legal right that allows an individual or a limited number of people to use a portion of someone else's property for a specific purpose. This type of easement is typically granted through a written agreement and is recorded with the county recorder's office where the property is located, ensuring that the easement is recognized and enforceable. The easement holder does not own the land but has the right to use it as specified in the easement agreement. The property that benefits from the easement is known as the dominant estate, while the property that is subject to the easement is called the servient estate. Private easements, such as sewer easements, are often necessary for property development and utility access. They must comply with state statutes, local ordinances, and zoning regulations. It is advisable for property owners to consult with an attorney to understand the implications of granting or obtaining an easement, as it can affect property rights and values.