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 Kentucky, a private easement is a non-possessory right to use another person's land for a specific purpose. It is typically granted by the owner of the servient estate (the property over which the easement runs) to the owner of the dominant estate (the property that benefits from the easement). Private easements can be created by a written agreement and recorded in the county where the property is located to provide notice to future purchasers. The easement agreement should specify the terms of use, maintenance responsibilities, and the duration of the easement. Kentucky law requires that the use of the easement must be clear and consistent with the terms of the grant. If the easement is for a specific purpose, such as a sewer line, it must be used only for that purpose. Disputes over easements can be resolved through negotiation, mediation, or litigation, and in some cases, an easement can be terminated by various means, including abandonment, release, or when it is no longer necessary.