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 North Carolina, a private easement is a non-public right granted to a specific individual or individuals to use a portion of another's property, known as the servient estate, for a particular purpose. This type of easement is typically established through a written agreement and recorded in the county where the property is located to provide notice of the easement's existence to potential buyers and to establish its enforceability. The terms of the easement, including its duration, the rights of the easement holder, and any maintenance responsibilities, are usually detailed in the agreement. Private easements can be created for various uses, such as for utilities, access, or in the example provided, a sewer line. The creation and enforcement of private easements in North Carolina are governed by state statutes and case law, which outline the legal requirements and processes for establishing and terminating such easements.