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 Mississippi, 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). The creation of an easement in Mississippi can be done by a written agreement, which should be recorded in the land records of the county where the property is located to provide notice to third parties. The terms of the easement, including its duration, scope, and the rights and responsibilities of the parties, are governed by the agreement and state law. Easements for utilities, such as a sewer line, are common and allow the dominant estate to install and maintain necessary infrastructure on or beneath the servient estate. It's important to note that easements are binding on subsequent owners of the property and can affect the property's value and use. An attorney can provide specific advice on creating, interpreting, and enforcing easements in Mississippi.