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 Hawaii, a private easement is a non-public right that allows a specific individual or a limited group of people to use a portion of another's property, known as the servient estate, for a particular purpose. This type of easement is typically granted through a written agreement and is often recorded with the county to provide notice of its existence to potential buyers and to establish its enforceability. For instance, a private sewer easement might be granted to a homeowner who needs to install a sewer line that crosses a neighbor's property to connect properly to municipal systems. The creation, transfer, and termination of easements in Hawaii are governed by state statutes and common law principles, which dictate how easements are to be maintained, what rights and obligations the parties have, and how disputes are to be resolved. It's important for property owners to understand that easements can have significant implications for property use and value, and they may wish to consult with an attorney to navigate the legal complexities involved.