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 Montana, a private easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is typically granted for a specific purpose, such as access to a neighboring property for utilities or ingress and egress. The creation of an easement in Montana can be done by a written agreement or deed, which should be recorded in the county where the property is located to provide notice to third parties. The terms of the easement, including its duration, use, and maintenance responsibilities, are usually defined in the agreement. Montana law also recognizes easements by prescription, which can be established through continuous, open, and notorious use of the property for a statutory period, typically 5 years. It's important for both the grantor (the owner of the servient estate) and the grantee (the party receiving the easement) to clearly understand and abide by the terms of the easement to avoid disputes. An attorney can assist in drafting the easement agreement to ensure it complies with Montana law and adequately protects the interests of both parties.