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 Rhode Island, 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. The creation of an easement typically requires a written agreement that must be signed by the grantor and, in most cases, should be recorded with the local land records to provide notice to 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 governed by the agreement and state law. Easements can be transferred or sold, and they often 'run with the land,' meaning they are attached to the property rather than the individual, and continue to exist through changes in ownership. It is important for both the grantor and grantee to understand the specific terms and legal implications of the easement agreement. An attorney can provide guidance on the creation, interpretation, and enforcement of easements in Rhode Island.