Also known as: in gross
Written by attorneys · grounded in primary & secondary sources — see below
An easement that benefits a person or entity rather than any particular parcel of land. The benefit of such an easement may be alienable when the easement is commercial in character. The burden of the easement remains tied to the servient land.
Prairie Grain Cooperative obtained an easement allowing it to build a rail spur across Maria Lopez's farmland to reach its silos. The easement was granted to the cooperative itself rather than to any land it owned. Because the benefit runs to the entity and not to a dominant parcel, the right is classified as an easement in gross.
Titan Metals held an easement in gross to run a wastewater pipeline under Apex Fabrication's parcel. The benefit was created in Titan personally and did not serve any land Titan owned. Under the applicable rule the benefit is therefore in gross while the burden remains appurtenant to Apex's parcel.
Select any source to read its text and confirm it supports the definition.
Elemental Pharmaceuticals received a recorded commercial easement in gross to maintain a chemical discharge line across Eastern Electric's property. Elemental later sold the easement rights to Equinox Energy for a substantial sum. Because the easement is commercial, the transfer is valid and Equinox steps into Elemental's position as holder.
Metro Parts held an easement in gross to park delivery trucks on Valley Motors' side lot. The easement was created in Metro personally because Metro owned no land benefited by the parking privilege. The benefit is therefore classified as in gross rather than appurtenant to any dominant parcel.
Edgewater Capital acquired a commercial easement in gross to run fiber optic lines across land owned by Ewan Eckhart. The original grant imposed a restraint against further assignment for ten years. Edgewater may subject the easement to that same restraint because commercial easements in gross are treated like estates of like duration.
Ethan Evans received a noncommercial easement in gross permitting him to hunt on Eugene Ellsworth's wooded tract. The creating deed was silent on transferability. Whether Evans may assign the privilege to a third party is determined solely by the language and circumstances of the original grant.
An easement in gross benefits a person or entity rather than any particular parcel of land. An appurtenant easement benefits the possessor of a dominant tenement in the use of that land. The distinction controls whether the benefit runs with land or remains personal.
Supporting sources
Commercial easements in gross are freely alienable property interests. Noncommercial easements in gross are alienable only according to the manner or terms of their creation. Courts therefore examine the grant language and surrounding circumstances to decide transferability of noncommercial rights.
Supporting sources
Merger occurs when the easement holder acquires an estate in the servient land that permits the same uses the easement authorized. The easement terminates to the extent the fee ownership supplies equivalent privileges. Partial acquisition of the servient land extinguishes the easement only to the overlapping area.
Supporting sources
…prior, authoritative judicial action. It makes no difference whatever to that separation-of-powers violation that it is in gross rather than particularized ( e. g. , "we hereby set aside all hitherto entered judicial orders"), or that it is not accompanied by an "almost" violation of the Bill of Attainder Clause,…