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 Kansas, 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 to install and maintain a sewer line as in the example provided. The creation of an easement in Kansas can be done by a written agreement or deed, which should be recorded in the county where the property is located to provide notice to third parties. 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 usually outlined in the agreement. Kansas law will enforce and interpret these agreements according to the intentions of the parties and the language of the deed or agreement. It is important for both the grantor and the grantee to clearly understand and define the terms of the easement to avoid future disputes. An attorney can assist in drafting the easement agreement to ensure that it complies with Kansas law and adequately protects the interests of the parties involved.