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 Florida, a private easement is a non-possessory right to use another person's land for a specific purpose. It is typically granted through a written agreement between the property owner (grantor) and the easement holder (grantee). The property that benefits from the easement is known as the dominant estate, while the property over which the easement runs is called the servient estate. Private easements can be created for various purposes, such as for utilities, access, or drainage. Once established, easements are binding on subsequent owners of the servient estate and are typically recorded in the public records of the county where the property is located to provide notice of the easement's existence. Florida law requires that the terms of the easement agreement be clear and specific, and the easement must be used in accordance with its granted purpose. If an easement is no longer needed or if the parties agree, it can be terminated by various means, including a written release or through a court order if certain conditions are met.