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 Nevada, a private easement is a non-possessory right to use another person's land for a specific purpose. It is typically granted through a written agreement between the owner of the servient estate (the property over which the easement runs) and the beneficiary of the easement. The easement is considered an interest in real property and is often recorded with the county recorder's office to provide notice of its existence to third parties. The terms of the easement, including its duration, scope, and any conditions or restrictions, are defined in the easement agreement. Nevada law requires that easements be created with clear and express language, and they must comply with state statutes, such as NRS 111.100, which governs conveyances of real property. If an easement is for the benefit of an adjoining property owner, it may be appurtenant, meaning it attaches to the land and passes with the land if it is sold to a new owner. Private easements, like the sewer easement example provided, are legally binding and enforceable, and they can significantly affect the use and value of the property involved.