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 South Dakota, 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 to be enforceable against third parties. The easement agreement should clearly define the scope, location, and terms of use to prevent disputes. South Dakota law requires that the easement be created with the same formalities as a deed, including a legal description of the property. Once established, the easement runs with the land, meaning it generally remains in place even if the servient estate is sold to a new owner. The maintenance responsibilities and rights of the easement holder are typically outlined in the easement agreement. If an easement is no longer needed or the parties agree to terminate it, a release of easement must be executed and recorded. Disputes over easements may be resolved through negotiation, mediation, or litigation, with the courts interpreting the terms of the easement based on the original intent of the parties and the language of the easement agreement.