Legal Definitions - private easement

Definition: A private easement is an interest in land owned by another person, consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose. The land benefiting from an easement is called the dominant estate, while the land burdened by an easement is called the servient estate. Unlike a lease or license, an easement may last forever, but it does not give the holder the right to possess, take from, improve, or sell the land.

Examples: Some examples of private easements include:

• A right-of-way for a driveway or path across a neighbor's property to access a public road
• A right to use a portion of a neighbor's land to install and maintain utility lines
• A right to access a nearby water source, such as a well or pond, located on a neighbor's property

These examples illustrate how a private easement allows someone to use a portion of another person's land for a specific purpose without owning the land themselves.