What Is a Private Easement in Real Estate?

A private easement is a legal right that allows a specific individual or property owner—not the general public—to use another person’s land for a defined purpose. Private easements are typically created through written agreements, deeds, or long-standing use between neighboring properties.

How a Private Easement Works

Unlike public easements, which allow use by anyone (such as sidewalks or utility corridors), a private easement applies only to specific parties named in the agreement. Private easements often involve shared driveways, access roads, utilities, or the right to cross a neighbor’s land.

  • Granted to an individual, entity, or specific property (dominant estate)
  • Created through a written deed, agreement, or long-term use
  • Recorded in public records to ensure enforceability
  • Limits use to only those named in the easement—not the general public

Example of a Private Easement

Two homeowners share a driveway located mostly on one property. The deed includes a private easement allowing the neighbor to drive across the property to access their garage. Only that neighbor—not their guests, contractors, or the public—has the easement right.

Private Easement vs. Public Easement

  • Private easements benefit specific individuals or properties
  • Public easements allow general public access (e.g., sidewalks, utility corridors)
  • Private easements are usually negotiated between property owners
  • Public easements are typically created by government or utility companies

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