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 Illinois, 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 Illinois can be done by a written agreement, which should be recorded to provide notice to third parties. The agreement should clearly define the scope, location, and terms of the easement. The owner of the easement is known as the easement holder or dominant estate, while the property subject to the easement is the servient estate. Illinois law requires that the terms of the easement agreement be observed by both parties, and disputes are resolved under property law. Maintenance responsibilities for the easement should also be outlined in the agreement to prevent future disputes. If an easement is not recorded, it may not be enforceable against subsequent purchasers who do not have actual knowledge of the easement.