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 York, a private easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It can be created for a variety of utilities and purposes, such as sewer lines, as mentioned in the example. Easements can be established by a written agreement between the property owners, and they must be recorded to be enforceable against third parties. The creation of an easement typically requires a deed or easement agreement that describes the rights granted and the duration of the easement. The easement should be recorded with the county clerk in the county where the property is located to provide public notice of the easement's existence. New York law also recognizes easements created by prescription, implication, or necessity, but these are established under specific circumstances and through different legal processes. It is important for property owners to understand the terms and conditions of the easement agreement, as it can affect property rights and responsibilities. An attorney can provide guidance on the creation, interpretation, and enforcement of easements in New York.