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 Massachusetts, a private easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It can be created for a variety of utilities and purposes, such as sewer lines, as mentioned in the example. The creation of an easement typically requires a written agreement that must be signed by the grantor (the owner of the servient estate) and, in most cases, should be recorded with the registry of deeds in the county where the property is located to be enforceable against third parties. The terms of the easement, including the extent of the use and maintenance responsibilities, are defined by the agreement or deed. Massachusetts law also recognizes the creation of easements by necessity, implication, or prescription under certain circumstances. It's important for both the grantor and the grantee to clearly understand their rights and obligations under the easement agreement, and they may benefit from consulting with an attorney to navigate the legal complexities involved.