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 North Dakota, a private easement is a non-possessory right to use another person's land for a specific purpose. Easements can be created by a written agreement between the property owner (grantor) and the easement holder (grantee), and they must be recorded to be enforceable against third parties. The easement agreement should clearly define the scope, location, and terms of use to prevent disputes. North Dakota law requires that the easement be created with the same formalities as a deed and be recorded in the county where the property is located. Once established, the easement runs with the land, meaning it generally remains in effect even if the property changes hands. The maintenance responsibilities and rights of the easement holder are typically outlined in the easement agreement. If an easement is for a specific period, it will terminate at the end of that period unless renewed. If no period is specified, it could be considered perpetual. Disputes over easements may be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on the creation, interpretation, and enforcement of easements.