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 Louisiana, a private easement is a type of servitude that allows a person or a limited group of people the right to use a portion of another's property, known as the servient estate, for a specific purpose. This is governed by Louisiana Civil Code. Easements can be established for various uses, such as for the passage of utilities like sewer lines. The creation of an easement typically requires a written agreement that specifies the terms and conditions of the easement, including its duration and the rights of both the dominant estate (the beneficiary of the easement) and the servient estate. The agreement must be recorded in the parish where the property is located to provide public notice of the easement. It's important to note that easements in Louisiana are subject to the state's property laws, which may have unique provisions compared to other states due to its civil law tradition. An attorney can provide specific guidance on creating, transferring, or terminating an easement in Louisiana.