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 Georgia, a private easement is a non-possessory right to use another person's land for a specific purpose. It is typically granted by the owner of the servient estate (the property over which the easement runs) to the owner of the dominant estate (the property that benefits from the easement). The creation of an easement in Georgia can be done by a written agreement, which should be recorded in the county where the property is located to provide notice to third parties. The easement agreement should clearly define the scope, location, and terms of use to prevent disputes. Easements can be created for various purposes, including but not limited to sewer lines, driveways, or utility lines. Once established, the easement holder has a legal right to use the property as specified in the agreement, and the easement typically runs with the land, meaning it continues to exist even if the property is sold to a new owner. The maintenance responsibilities and rights of the easement holder and the property owner are usually outlined in the easement agreement. It's important to note that Georgia law may impose certain restrictions or requirements on easements, and an attorney can provide specific advice on creating, interpreting, or enforcing an easement.