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 Indiana, a private easement is a non-possessory right to use and enjoy someone else's property for a specific purpose. It is typically granted by the property owner (the servient estate) to another individual or a limited group of people, such as an adjoining property owner. The easement is often established through a written agreement and recorded with the county recorder's office to provide notice of the easement's existence to future buyers and to establish its legal validity. For instance, a private sewer easement would allow the easement holder to install and maintain a sewer line across the servient estate to connect to municipal systems. The terms of the easement, including its duration, the rights granted, and any maintenance responsibilities, would be detailed in the easement agreement. Indiana law requires that easements be created with clear language and may involve specific state statutes that govern the creation and enforcement of easements.