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 Mexico, a private easement is a non-possessory right to use someone else's property for a specific purpose. It is typically granted by the property owner (the servient estate) to another individual or a limited group of people, rather than the general public. The creation of an easement can be formalized through a written agreement that specifies the terms, conditions, and duration of the easement. This agreement should be recorded with the county clerk in the county where the property is located to provide public notice of the easement's existence. Easements can be created for various purposes, such as for utilities, access, or drainage. In the case of a private sewer easement, the easement would allow the placement and maintenance of sewer lines across the servient estate to ensure proper connection to municipal systems. New Mexico law requires that easements be respected by current and future owners of the servient estate, and disputes over easements are typically resolved in court if they cannot be settled through negotiation.