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 Maryland, 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 access purposes, such as sewer lines, as mentioned in the example. The creation of an easement typically requires a written agreement that must be signed and often recorded with the local land records to provide notice of the easement's existence to potential purchasers of the property. 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 detailed in the agreement. Maryland law will enforce and interpret these agreements according to the specific language and intent of the parties involved, as well as applicable state statutes and case law. It is important for both the grantor and the grantee to clearly understand the terms of the easement, as it can affect property rights and values. An attorney can assist in drafting, reviewing, and enforcing easement agreements to ensure they comply with Maryland law and serve the intended purpose.