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 Idaho, 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 in Idaho can be done by 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. The terms of the easement, including the rights and responsibilities of the easement holder (the dominant estate) and the property owner (the servient estate), are outlined in the agreement. Idaho law requires that the easement agreement include a clear description of the property, the nature and extent of the rights granted, and any conditions or limitations. Disputes over easements can be resolved through negotiation, mediation, or litigation, and Idaho courts will interpret the easement based on the intent of the parties at the time of creation, as well as the language of the easement document.