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 New Jersey, 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 with the county clerk to be enforceable against third parties. The terms of the easement, including the extent and manner of its use, are typically outlined in the easement agreement. New Jersey law requires that the easement agreement be clear and specific to avoid disputes. Once established, the easement runs with the land, meaning it generally remains in place even if the property is sold to a new owner. The maintenance responsibilities for the easement area are usually defined in the agreement, and the servient estate owner cannot unreasonably interfere with the easement holder's use. If disputes arise regarding the easement, they may be resolved through negotiation, mediation, or litigation, with the courts interpreting the easement's terms based on the original intent of the parties and the language of the easement agreement.