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What Is an Easement in Gross?
An easement is a legal right allowing one party to use another’s property in a specific way, often for access or utilities. An easement in gross, unlike one attached to the property, grants this right to an individual or entity rather than the land itself.
These easements are usually personal, non-transferable, and may end when the holder or property changes ownership. Common examples include utility companies granted rights to maintain power or water lines. This contrasts with easements appurtenant, which are tied to the property and transfer with its ownership.
Key Takeaways
- An easement in gross attaches rights to an individual or organization, not to the property itself, and is usually not transferable.
- Utility companies often receive easements in gross to install and maintain infrastructure on private land.
- Easements in gross typically end when the property is sold, unlike easements appurtenant, which transfer with property ownership.
- Sellers must disclose any easements on their property to buyers, who can seek legal remedies if undisclosed easements affect property value.
How Easements in Gross Work
A typical property easement grants limited access to someone who is not the owner of a piece of real property. For example, a property owner might need an easement to use a neighbor’s driveway in order to access their own land.
An easement in gross is an easement that is granted to an individual or entity that generally cannot transfer the associated rights to any other person. If the holder of an easement transfers their property to someone else—through sale, inheritance, or any other mechanism—the current easement in gross may be considered void.
The new property owner can attempt to reach a new easement-in-gross agreement, but there is no guarantee that the right will be granted.
Real-World Examples of Easements in Gross
One familiar example of an easement in gross is a utility easement. These are legal agreements that allow utility companies to install and maintain infrastructure on private property. Under the conditions of the easement, a homeowner is restricted from digging or construction activities that could damage the utilities.
The party who benefits from an easement in gross does not have to own or reside in a neighboring property to be granted the associated rights. Additionally, the permissions granted in the easement may be as broad or specific as desired. When dealing with easements in gross, the property owner often has the most say regarding the limitations stated in the easement.
Warning
Sellers may be required to disclose any easements against their property to prospective buyers.
Comparing Easements in Gross and Appurtenant Easements
Easements in gross grant specific rights or privileges to someone other than the property owner. In contrast, an easement appurtenant grants rights to the owner of a nearby parcel of property. The property that benefits from the easement is known as the “dominant estate,” while the property that allows the easement is known as the “servient estate.”
An easement appurtenant is said to “run with the land,” meaning that when the easement holder sells their property, the easement rights transfer to the new property owner. Common examples would include an easement that allows access to a public park or one that lets a neighbor cross another’s land in order to reach their own property.
Some easements, especially those given to utility companies, carry with them significant interest and can ultimately be assigned to other parties. If a piece of real estate is purchased without the seller disclosing the nature of an easement, the buyer can seek legal remedies if the easement reduces the value of the property.
How Can I Terminate an Easement?
An easement can be terminated in eight ways: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release. Perhaps the simplest way to end an easement is to persuade the beneficiary to release or abandon their rights to the easement.
What Is a Conservation Easement?
A conservation easement limits the usage of private land in order to protect natural resources, such as an endangered species or ecosystem. Conservation easements are always easements in gross, in that they are not attached to a neighboring piece of land.
Who Is the Holder of an Easement in Gross?
The holder of an easement in gross is the person or entity that benefits from that easement. This type of easement generally cannot be transferred, although there are exceptions. For example, in a merger between two utility companies, the new company may inherit any easements belonging to its predecessors.
What Is the Difference Between an Easement in Gross and an Easement Appurtenant?
The main difference is that an easement in gross is not attached to a specific piece of property. Instead, it is granted by the owner of a property to a single individual or entity. That grant usually ends when the owner sells the property. In contrast, an easement appurtenant, because it is attached to land, continues in perpetuity when either parcel of land is sold.
The Bottom Line
An easement in gross grants usage rights to a specific individual or entity rather than being tied to the property itself. Unlike an easement appurtenant, it does not transfer when the property is sold and generally ends with a change in ownership.
These easements are often granted to utility companies for access or maintenance and may limit how the property owner uses the affected area. If such easements aren’t disclosed before purchase, buyers may seek legal remedies. Easements in gross can be terminated through expirtation, agreement, or the cessation of their intended purposes.
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