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 New Hampshire, a private easement is a non-possessory right to use another person's land for a specific purpose. Easements can be created by a written agreement between the property owner (grantor) and the easement holder (grantee), and they must be recorded in the county registry of deeds to be enforceable against third parties. The terms of the easement, including its duration, scope, and any conditions or restrictions, are typically outlined in the easement agreement. New Hampshire law recognizes the importance of easements for providing access to landlocked properties or for utility purposes, such as sewer lines. The maintenance responsibilities and rights of the easement holder and the servient estate owner are governed by the easement agreement and state law. If disputes arise regarding the use or extent of the easement, parties may need to seek resolution through negotiation or litigation, and an attorney can provide guidance on the legal options available.