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 Alabama, a private easement is a non-public right granted to a specific individual or individuals to use a portion of another's property, known as the servient estate, for a particular purpose. This type of easement is typically established through a written agreement and recorded in the county where the property is located to provide notice of the easement's existence. The easement agreement will define the scope, use, and duration of the easement. For instance, a private sewer easement would allow the easement holder to install and maintain a sewer line across the servient estate to connect to municipal systems. Alabama law requires that the easement be created with clear intent and be used in a manner consistent with the agreement. If disputes arise regarding the easement, they may be resolved through negotiation, mediation, or litigation, with the courts interpreting the easement based on the written agreement and the principles of property law.