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 Michigan, a private easement is a legal right to use another person's land for a specific, limited purpose. It is a type of property interest that can be created by agreement between the owner of the land (the servient estate) and the individual or individuals who are granted the easement (the dominant estate). Private easements can be established for various uses, such as for access to a landlocked property, for utility lines, or, as in the example provided, for a sewer line to ensure proper drainage. The terms of the easement, including the extent of the use and maintenance responsibilities, are typically outlined in a written agreement and recorded with the county register of deeds to provide public notice of the easement. The easement is binding on subsequent owners of the servient estate, meaning that if the property is sold, the easement remains in place and the new owner must honor it. It's important to note that easements can be perpetual or for a specific duration and may be subject to state and local regulations regarding their creation and use.