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 West Virginia (WV), a private easement is a non-public right granted to a specific individual or individuals to use a portion of another's property, known as the servient estate, for a particular purpose. This type of easement is typically created through a written agreement between the property owner and the party seeking the easement, and it must be recorded in the county where the property is located to be enforceable against third parties. The easement agreement will specify the nature, scope, and duration of the use permitted. For instance, a private sewer easement would allow the easement holder to install and maintain a sewer line across the servient estate to connect to municipal systems. West Virginia law requires that the easement be used in a manner consistent with the agreement and that the holder does not unduly burden the servient estate. If disputes arise regarding the easement, parties may need to seek resolution through negotiation or litigation, and an attorney can provide guidance on the specific rights and obligations under WV law.