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 Virginia, 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 creation of an easement in Virginia can be done by a written agreement, which should be recorded in the local land records to provide notice to third parties. The easement agreement will define the scope, use, and maintenance responsibilities related to the easement. For example, a private sewer easement would allow the easement holder to install and maintain a sewer line across the servient estate. Virginia law requires that the terms of the easement be clear and that the easement is not overly burdensome on the servient estate. Disputes over easements can be resolved through negotiation, mediation, or litigation, and the specific rights and obligations of the parties will be governed by the terms of the easement agreement and Virginia state law.