Also known as: easement in gross · personal easement
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory right to use another's land that benefits the holder personally or in its business rather than any particular parcel of land. The right is not tied to ownership of a dominant estate and may be commercial or noncommercial depending on its purpose and terms of creation.
Edgewater Capital holds a perpetual written right to maintain utility lines across Eduardo Enriquez's rural parcel to serve its regional network. Edgewater Capital sells the entire interest to Eastern Electric for continued operation. The transfer is valid because the easement serves a commercial purpose and passes as an alienable property interest.
Eclipse Manufacturing possesses an easement in gross allowing truck access across Emanuel Escobar's industrial lot for loading operations. Eclipse Manufacturing later buys a narrow strip of Escobar's lot that covers the exact access route. The easement terminates to the extent the purchased strip allows the same uses by fee ownership.
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Elemental Pharmaceuticals receives a commercial easement in gross to run pipelines across Esme Ellington's farmland. The creating instrument subjects the easement to the same restraints on alienation that apply to a fee simple estate of like duration. Elemental Pharmaceuticals attempts an unrestricted assignment but must comply with those estate-like limits.
Ethan Evans obtains a noncommercial easement in gross to cross Eugene Ellsworth's woodland for personal hiking access. The grant states the right is personal to Evans and ends upon any attempted transfer. The easement cannot pass to a successor because its creation terms expressly limit alienability.
An easement in gross benefits the holder personally or in its business without attachment to any dominant parcel. An easement appurtenant instead benefits a specific tract of land and runs with that dominant estate upon transfer.
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Commercial easements in gross are alienable property interests that may be conveyed like other estates in land of similar duration. Noncommercial easements in gross are alienable only according to the manner or terms of their creation.
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Acquisition of an estate in the servient tenement extinguishes the easement in gross to the extent the fee owner can make the same uses authorized by the easement. Partial acquisition leaves any remaining uses intact.
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The alienability of a noncommercial easement in gross depends on the manner or terms of its creation. Express language limiting transfer or indicating personal benefit prevents succession.
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…at § 2.6, comment (a), p. 102 ("Early law prohibited the creation of servitude benefits in gross.... American law recognizes easements in gross, but has retained remnants of the prohibition against interests in gross with respect to covenants."). We are aware of no Connecticut authority expressly prohibiting the creation of…