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Real property

private easement

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 Colorado, a private easement is a legal right to use another person's land for a specific, limited purpose. This right is typically granted by the property owner (the servient estate) to an adjacent property owner or specific individuals. Easements can be created by a written agreement and recorded with the county recorder's office to ensure they are binding on future owners of the property. For example, a private sewer easement would allow the easement holder to install and maintain a sewer line across the servient estate to connect to municipal sewer systems. The terms of the easement, including its duration, the rights of the easement holder, and any maintenance responsibilities, are usually detailed in the easement agreement. Colorado law also provides for the extinguishment of easements under certain conditions, such as when the need for the easement no longer exists or if the easement is abandoned.

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Real property

private easement

Individual & Family Legal Plan

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Colorado State Code

Colorado State Code

Real property

private easement

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