What Is an Easement in Gross?

What Is an Easement in Gross?

Let me explain what an easement is in real estate: it's when one party, like an individual or organization, gets the right to use someone else's property in a specific way. Sometimes the easement holder pays the property owner for this right; other times, it's created by state or local law and sticks to the property. These easements can last forever and transfer to new owners when the property sells, burdening them as well.

Now, an easement in gross, which you might hear called a personal easement, ties the usage right to a single person or entity, not to the property. It's a personal interest in someone else's land, usually with limits on scope and duration. You negotiate the terms, including any payment, directly with the property owner. This type of easement is often irrevocable during the holder's lifetime, but it typically becomes void if the owner sells the property that the easement is based on.

Understanding an Easement in Gross

A standard property easement gives limited access to someone who isn't the owner of the land. For instance, you might need an easement to use your neighbor's driveway to reach your own property.

With an easement in gross, the right is granted to a specific individual or entity, and they generally can't pass those rights to anyone else. If the easement holder sells or transfers their own property—through sale, inheritance, or otherwise—the existing easement in gross might become void.

The new owner can try to negotiate a fresh easement in gross, but there's no assurance they'll get it.

Example of an Easement in Gross

A common example is a utility easement. These are legal agreements that let utility companies install and maintain infrastructure on your private property. Under the easement terms, you're restricted from digging or building in ways that could damage the utilities.

The beneficiary of an easement in gross doesn't need to own or live on neighboring property to get these rights. Plus, the permissions can be as broad or narrow as you agree on. As the property owner, you usually have the most control over the limitations in the easement.

Warning

Sellers may be required to disclose any easements on their property to potential buyers.

Easement in Gross vs. Easement Appurtenant

Easements in gross give specific rights or privileges to someone other than the property owner. On the other hand, an easement appurtenant gives rights to the owner of a nearby parcel. The property that benefits is the dominant estate, and the one allowing the easement is the servient estate.

An easement appurtenant runs with the land, so when the holder sells their property, the rights transfer to the new owner. Examples include access to a public park or crossing another's land to reach your own.

Some easements, especially for utilities, have significant value and can be assigned to others. If you buy property without the seller disclosing an easement, you can pursue legal remedies if it lowers the property's value.

How Can I Terminate an Easement?

You can terminate an easement in eight ways: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release. The easiest method might be convincing the beneficiary to release or abandon their rights.

What Is a Conservation Easement?

A conservation easement restricts private land use to protect natural resources, like endangered species or ecosystems. These are always easements in gross, not tied to a neighboring property.

Who Is the Holder of an Easement in Gross?

The holder is the person or entity benefiting from the easement. Generally, this type can't be transferred, but exceptions exist, such as when two utility companies merge and the new one inherits the easements.

What Is the Difference Between an Easement in Gross and an Easement Appurtenant?

The key difference is that an easement in gross isn't attached to a specific property; it's granted by the owner to one individual or entity and usually ends when the property sells. An easement appurtenant, being tied to the land, continues forever when either parcel is sold.

The Bottom Line

An easement lets one entity use another's property in a defined manner. Some are attached to specific properties, with the dominant one holding rights over the servient one. They're often created by law but differ from eminent domain, which takes ownership.

An easement in gross isn't tied to property; it's negotiated with the owner, often for payment, and is limited in scope and duration. It generally ends if you sell the property, without burdening the new owner.