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 Minnesota, a private easement is a non-possessory right to use another person's land for a specific purpose. It is typically granted by the property owner (the servient estate) to an adjoining property owner or specific individuals. The easement is considered an interest in real property and can be sold, transferred, or inherited, subject to the terms of the easement agreement. The creation of an easement must be in writing and is often recorded with the county recorder's office to provide notice of its existence to subsequent purchasers of the property. Minnesota statutes and case law govern the establishment, interpretation, and enforcement of easements. For example, a private sewer easement would allow the easement holder to install and maintain a sewer line across the servient estate's property. The scope of the easement, including the rights and responsibilities of the easement holder and the property owner, would be detailed in the easement agreement.