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 California, 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 sewer line as mentioned in the example. The creation of an easement can be formalized through a written agreement that is recorded with the county recorder's office where the property is located. This ensures the easement is binding on subsequent owners of the property. California Civil Code sections 801 to 813 provide the statutory framework for easements, including their creation, transfer, and termination. The law also addresses the maintenance responsibilities of the easement holder and the rights of the servient estate owner. It's important to note that easements can be created not only by express agreement but also by implication, necessity, or prescription. An attorney can provide specific guidance on the legal requirements and implications of establishing a private easement in California.