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 Missouri, a private easement is a non-possessory right to use someone else's property for a specific purpose. It is typically granted by the property owner (the grantor) to another party (the grantee), and it can be for various uses, such as access to a road or, as in the example provided, for sewer lines. The property that benefits from the easement is known as the dominant estate, while the property over which the easement runs is called the servient estate. Easements can be created by a written agreement and are often recorded with the county recorder's office to provide notice of the easement to future buyers of the property. Missouri law requires that the terms of the easement, including the location, purpose, and any limitations, be clearly defined. Easements can be permanent or for a specific term and may be transferred with the dominant estate. It's important to note that the maintenance responsibilities and rights of the parties involved should be outlined in the easement agreement to prevent disputes. An attorney can assist in drafting and reviewing easement agreements to ensure they comply with Missouri statutes and protect the interests of the parties involved.