Easement in Gross

An easement is a legal right allowing someone to use another person’s land for a specific purpose. An easement in gross (sometimes called a personal easement) grants that right to an individual or entity rather than to another parcel of land. It is a personal interest in the servient property and typically does not “run with the land.”

Key points

• An easement in gross attaches to a person or organization, not to a property.
• It is usually nontransferable and may end when the easement holder or property owner changes.
• Common examples include utility easements and conservation easements.
• Easements appurtenant, by contrast, attach to a dominant estate and transfer with the land.
• Sellers generally must disclose known easements; undisclosed easements can reduce property value and give rise to legal remedies.

How it works

An easement in gross is created by agreement (or sometimes by law) between a property owner and the beneficiary. Terms define the scope (what use is allowed), duration, and any compensation. Because the right is personal to the beneficiary, it often cannot be assigned to another person, although exceptions exist (for example, corporate mergers or express assignment provisions).

When the property subject to the easement is sold, the easement in gross does not automatically bind the new owner unless the parties agree otherwise or state law provides for transfer. The new owner may negotiate a new easement, but is not required to honor the prior personal easement.

Common examples

• Utility easements: Allow utility companies to install, access, repair, or replace infrastructure (pipes, wires, poles) on private land. Homeowners may be restricted from activities that could damage the utilities.
• Conservation easements: Limit how land may be used to protect natural resources or ecosystems. These are typically easements in gross because they protect resources regardless of who owns neighboring parcels.

Easement in Gross vs. Easement Appurtenant

Easement in Gross
* Benefits a person or organization.
* Usually nontransferable and personal to the holder.
* Does not attach to neighboring land; typically terminates if ownership or the beneficiary changes (unless otherwise specified or assignable).

Easement Appurtenant
* Benefits an adjacent parcel (the dominant estate).
* “Runs with the land” — transfers automatically with ownership of the benefited parcel.
* Common for access or crossing rights between neighboring properties.

Who holds an easement in gross?

The holder is the individual or entity granted the right (e.g., a homeowner, a utility company, or a land trust). While generally not transferable, easements in gross may be assigned in certain circumstances—such as corporate mergers, successorship provisions, or when the original agreement allows assignment.

Terminating an easement

An easement can end in several ways, including:
* Release: Beneficiary agrees to relinquish the easement.
* Abandonment: Beneficiary demonstrates intent to abandon through nonuse and actions inconsistent with maintaining the easement.
* Merger: Ownership of both the dominant and servient estates consolidates in one person.
* End of necessity: If the necessity that created the easement ceases (e.g., an access easement no longer needed).
* Condemnation: Government takes the property by eminent domain.
* Adverse possession: In limited circumstances, the servient owner may extinguish rights through statutory adverse possession.
* Recording/administrative actions or legal procedures that invalidate or extinguish the recorded easement.
* Demolition or destruction of the specific improvements that made the easement necessary (where applicable).

Specific rules and terminology vary by jurisdiction; consultation with a real estate attorney is advisable for any termination dispute.

Practical considerations

• Disclosure: Sellers should disclose easements; buyers should review title and recorded documents to discover encumbrances.
• Negotiation: Property owners typically negotiate scope, access times, maintenance duties, and compensation when granting an easement in gross.
• Limitations: The property owner retains ownership subject to the easement but can impose reasonable limits consistent with the easement’s terms.

Bottom line

An easement in gross is a personal, often nontransferable right granted to a person or organization to use another’s land for a specific purpose. It differs from an easement appurtenant, which benefits a parcel of land and transfers with ownership. Because easements affect property rights and value, clear documentation, disclosure, and legal advice are important when creating, assigning, or terminating them.