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 Nebraska, 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 to install and maintain a sewer line as in the example provided. The creation of an easement in Nebraska generally requires a written agreement that is signed and notarized, and it must be recorded with the county register of deeds where the property is located to be enforceable against third parties. 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 defined by the agreement and governed by state law. Nebraska statutes and case law will dictate how easements are created, transferred, and terminated, as well as how disputes are resolved. It is important for both the grantor and grantee to clearly understand the terms of the easement, as it can have long-term implications for property use and value.