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 Delaware, a private easement is a non-possessory right to use and enjoy someone else's property for a specific purpose. It is typically granted through a written agreement between the property owner (grantor) and the easement holder (grantee). The property that benefits from the easement is known as the dominant estate, while the property over which the easement runs is called the servient estate. Private easements can be created for various uses, such as for utilities, access, or drainage. The terms of the easement, including its duration, scope, and any conditions or restrictions, are usually outlined in the easement agreement. Easements can be transferred with the dominant property and can be perpetual or for a fixed term. Delaware law requires that easements be recorded in the county recorder's office to provide public notice of the easement's existence. It's important for both the grantor and grantee to understand their rights and obligations under the easement agreement, and they may benefit from consulting with an attorney to ensure that the easement is properly established and recorded.