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 South Carolina, 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 to be enforceable against third parties. The easement in the example provided, such as a private sewer easement, would typically be established through a written agreement that specifies the terms of use, maintenance responsibilities, and the duration of the easement. South Carolina law requires that the easement agreement be clear in its terms and properly recorded in the county where the property is located to provide notice to subsequent purchasers or encumbrancers of the property. The creation and enforcement of easements in South Carolina are governed by state statutes and case law, which outline the rights and obligations of both the servient estate owner and the easement holder.