Also known as: en gross · engross · in gross
Written by attorneys · grounded in primary & secondary sources — see below
A classification of an easement or servitude benefit that is not created to benefit and does not benefit the possessor of any particular tract of land in the use of that tract. The benefit stands alone rather than running with a dominant estate.
MetroLink Communications received a recorded right to install and operate fiber conduits across Lakeside HOA land. The grant authorized broad commercial use at MetroLink's discretion. MetroLink later sold duct capacity to competing carriers. The broad commercial terms permitted the division of use among multiple entities.
Empire Logistics granted a right to cross its rail yard to a trucking firm for loading access. The trucking firm held no adjacent land. The burden on Empire Logistics remained tied to its parcel while the benefit stood independently with the trucking firm.
Select any source to read its text and confirm it supports the definition.
Eastern Electric obtained a commercial right to maintain power lines across private parcels. The utility later sold the entire line and its associated rights to another provider. The commercial character allowed the full transfer of the independent benefit.
Enigma Technologies acquired a right to place monitoring equipment on a remote site. The firm held no other property near the site. The right served purposes useful only to Enigma Technologies itself rather than to any successor owner of nearby land.
Everlasting Insurance received a commercial right to maintain signage on multiple parcels. The company later sought to mortgage the right as security for a loan. The commercial nature subjected the independent benefit to the same alienability restrictions that apply to estates of like duration.
Elijah Edwards obtained a personal right to cross a neighbor's field for access to a family cemetery. The grant contained no words of transfer or succession. The personal character and creation terms rendered the independent benefit nontransferable.
A court examines whether the right was created to benefit and actually benefits the possessor of any particular tract of land in the use of that tract. If the right stands alone without attachment to a dominant estate, it is classified as in gross.
Supporting sources
Commercial easements in gross are treated as alienable property interests. They may be transferred or subjected to the same restrictions on alienability that apply to estates of like duration.
Supporting sources
Alienability of a noncommercial easement in gross is governed by the manner and terms of its creation. Courts look to the language of the grant and surrounding circumstances to decide whether the benefit may pass to others.
Supporting sources
Yes. The burden of an easement is always appurtenant to the servient land. The benefit may be created either as appurtenant to a dominant estate or as an independent right held in gross.
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,…