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 Wisconsin, 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's land records where the property is located, ensuring the easement is known to future buyers and runs with the land. The terms of the easement, including its duration, use, and maintenance responsibilities, are usually outlined in the agreement. Wisconsin statutes and case law govern the creation, interpretation, and enforcement of easements. It is important for both the grantor and grantee to clearly understand their rights and obligations under the easement to prevent disputes. An attorney can assist in drafting the easement agreement to ensure it complies with Wisconsin law and adequately protects the interests of the parties involved.