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 Utah, 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 bought, sold, or transferred, similar to other property rights. The owner of the easement (the dominant estate) does not own the land itself but has the right to use the land owned by someone else (the servient estate) for a particular purpose, such as a sewer line as mentioned in the example. Easements can be created by a written agreement between the parties, and they must be recorded with the county recorder's office to be enforceable against third parties. The terms of the easement, including its duration, use, and maintenance responsibilities, are typically outlined in the agreement. Utah law requires that the easement agreement be clear in its terms to avoid disputes and that it complies with all relevant state statutes and local ordinances. If an easement is not properly recorded or the terms are not clear, legal disputes may arise, and parties may need to seek resolution through the courts.