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 Washington State, a private easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is typically granted for a specific purpose, such as access to a neighboring property for utilities or ingress and egress. The creation of an easement can be formalized through a written agreement that specifies the terms, conditions, and duration of the easement. This agreement should be recorded with the county recorder's office to provide public notice of the easement's existence. The law in Washington recognizes the importance of easements and provides for their creation, transfer, and termination through various means, including express grants, necessity, implication, or prescription. The holder of a private easement has the responsibility to maintain it unless an agreement states otherwise. Disputes over easements can be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the legal rights and obligations associated with private easements.