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 Vermont, a private easement is a legal right to use another person's land for a specific, limited purpose. This right 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 are often recorded in the land records to provide notice of the easement to future owners. The terms of the easement, including its duration, scope, and any conditions or restrictions, are defined by the agreement between the parties. Vermont law requires that easements be created with clear and precise language to avoid ambiguity. Once established, the easement runs with the land, meaning it generally remains in place even if the servient or dominant property is sold to a new owner. The maintenance responsibilities for the easement area are typically outlined in the easement agreement, and disputes over easements can be resolved through negotiation or, if necessary, litigation.