Easement in Gross

Real Estate Definition of Easement in Gross

What is an Easement in Gross?

An easement in gross is a legal right granted to an individual or entity to use another person’s land for a specific purpose. Unlike other types of easements that are tied to the ownership of property (known as appurtenant easements), an easement in gross benefits a person or entity rather than a parcel of land. The rights granted under an easement in gross typically cease upon the death of the grantee or may terminate as per stipulation in the easement agreement.

Examples of Easement in Gross

Utility Easement:
- A power company holds an easement in gross to install and maintain power lines across private land.
Personal Use Easement:
- Gerald was granted an easement in gross to cross his son’s farmland. Upon Gerald’s death, the easement terminated.
Conservation Easement:
- A non-profit organization holds an easement in gross allowing them to enter private lands for conservation activities.

Frequently Asked Questions

1. Does an easement in gross transfer with the property when it’s sold?

No, an easement in gross generally does not transfer with the property. It is a personal right and typically is terminated when the beneficiary dies or as per the agreement’s terms.

2. What are the typical uses of an easement in gross?

Common uses include utility easements for electrical lines, pipelines, and telecommunication services, as well as easements for personal access across a property.

3. Can an easement in gross be revoked?

It depends on the terms of the agreement. Some easements have specified termination conditions (such as the death of the grantee), while others may be revoked by mutual agreement or court order if it’s determined that the easement is no longer necessary or has been abandoned.

4. How does an easement in gross differ from an appurtenant easement?

An easement in gross benefits a person or entity regardless of land ownership and is usually personal and non-transferable. An appurtenant easement is attached to the land and benefits a specific parcel of land, transferring with the property when ownership changes.

Appurtenant Easement:
- An easement that benefits a particular parcel of land, transferring with the property when it is sold.
Servient Estate:
- The parcel of land that is burdened by an easement.
Dominant Estate:
- In the case of an appurtenant easement, the parcel of land that benefits from the easement.
License:
- A temporary, revocable right to use another’s land without the formal establishment of an easement.

Online Resources

References

“Black’s Law Dictionary” - Bryan A. Garner
“Property Law: Rules, Policies, and Practices” - Joseph William Singer

Suggested Books for Further Studies

“The Law of Real Property” - Richard R. Powell
“Real Estate Law” - Marianne Jennings
“Property” - Jesse Dukeminier, James E. Krier, Gregory S. Alexander
“Principles of Property Law” - Herbert Hovenkamp, O. William Williamson

Real Estate Basics: Easement in Gross Fundamentals Quiz

### Can an easement in gross typically be transferred along with the sale of the property? - [x] No, it is generally a personal right tied to the grantee. - [ ] Yes, it automatically transfers with the property. - [ ] It depends on state laws. - [ ] Only if the new owner formally accepts the easement. > **Explanation:** An easement in gross is generally a personal right tied to the individual or entity and is typically not transferred when the property is sold. ### What often happens to an easement in gross upon the death of the grantee? - [x] The easement usually terminates. - [ ] It transfers to the grantee’s heirs. - [ ] It becomes an appurtenant easement. - [ ] It continues indefinitely. > **Explanation:** An easement in gross usually terminates upon the death of the grantee unless otherwise specified in the terms of the easement agreement. ### Which of the following is a common use of an easement in gross? - [ ] Garden access - [x] Utility installation and maintenance - [ ] Driveway shared between neighbors - [ ] Fencing maintenance > **Explanation:** Utility companies commonly hold easements in gross for the installation and maintenance of infrastructure like power lines and pipelines. ### Is an easement in gross attached to a parcel of land? - [ ] Yes, it is always tied to a piece of property. - [x] No, it benefits an individual or entity regardless of land ownership. - [ ] Only in certain jurisdictions. - [ ] It varies for residential and commercial properties. > **Explanation:** An easement in gross benefits an individual or entity and is not tied to a specific piece of land, unlike appurtenant easements which benefit a parcel of property. ### What is a servient estate in relation to easements? - [ ] The land benefiting from the easement. - [x] The land burdened by the easement. - [ ] The grantor of an easement. - [ ] The grantee of an easement. > **Explanation:** The servient estate is the parcel of land that is burdened by the easement. ### How can an easement in gross typically be terminated? - [x] By the death of the grantee. - [ ] By the sale of the servient estate. - [ ] By an increase in property taxes. - [ ] By zoning law changes. > **Explanation:** An easement in gross typically terminates with the death of the grantee or as specified in the easement agreement. ### What type of real estate term defines a temporary and revocable right to use another person's land? - [ ] Leasehold - [ ] Deed restriction - [x] License - [ ] Appurtenant easement > **Explanation:** A license is a temporary and revocable right to use another person's land, different from an easement which involves more permanent rights. ### Who benefits directly from an easement in gross? - [x] The grantee (person or entity granted the easement) - [ ] The general public - [ ] The owner of the servient estate - [ ] The local government > **Explanation:** The grantee (the person or entity to whom the easement is granted) directly benefits from an easement in gross. ### Conservation easements generally serve what primary purpose? - [x] Environmental and land preservation - [ ] Constructing roadways - [ ] Creating private driveways - [ ] Commercial development > **Explanation:** Conservation easements primarily serve for environmental and land preservation activities, allowing organizations to protect land from certain types of development. ### What distinguishes an appurtenant easement from an easement in gross? - [ ] Appurtenant easements are always revocable. - [x] Appurtenant easements benefit a parcel of land. - [ ] Easements in gross do not require a formal agreement. - [ ] Only appurtenant easements are legal. > **Explanation:** An appurtenant easement benefits a specific parcel of land and transfers with the property, while an easement in gross benefits an individual or entity, independent of any parcel of land.