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 Iowa, a private easement is a non-possessory right to use someone else's property, typically for a specific purpose. The property that grants the easement is known as the servient estate, while the property or person benefiting from the easement is referred to as the dominant estate or holder. Private easements can be created by a written agreement and are often recorded to provide notice of the easement's existence to subsequent purchasers of the property. The terms of the easement, including its duration, scope, and any conditions or restrictions, are usually outlined in the agreement. Easements must be created in compliance with Iowa's real estate laws and may be subject to local zoning regulations. Once established, the easement is binding on subsequent owners of the servient estate, and the rights granted by the easement, such as the example of a private sewer easement, typically run with the land.