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 Tennessee, a private easement is a non-possessory right to use another person's land for a specific purpose. It is typically granted by the owner of the servient estate (the property over which the easement runs) to the owner of the dominant estate (the property that benefits from the easement). Private easements can be created by a written agreement and recorded in the county where the property is located to provide notice to future purchasers or others dealing with the property. The terms of the easement, including its duration, use, and maintenance responsibilities, are usually outlined in the agreement. Tennessee law requires that the easement agreement be clear in its intent to grant the easement, the location, and the extent of the use permitted. If an easement is for a specific purpose, such as a sewer line, it cannot be used for other purposes without the consent of the servient estate owner. Disputes over easements can be resolved through negotiation, mediation, or litigation, and Tennessee courts will interpret the easement based on the written agreement and the intent of the parties at the time the easement was created.