Also known as: easement in gross · in-gross easement · easements in gross · personal easement
Written by attorneys · grounded in primary & secondary sources — see below
An easement benefiting a person or entity rather than attaching to a dominant parcel of land. Commercial easements in gross are alienable property interests that may be transferred with the associated business operation. Such easements are extinguished when the holder acquires an estate in the servient tenement sufficient to exercise the authorized uses.
Island Manufacturing granted Ivy Investments the exclusive right to use a cargo pier and access road for loading commercial freight. The grant contained no restriction on transfer. Ivy later sold its regional shipping routes to Imperial Motors and included the pier rights in the sale. Island refused Imperial access. Because the easement served a commercial shipping business and was alienable, Imperial may enforce the rights against Island.
Indigo Textiles held an easement in gross across Ines Ibarra's land to transport goods by rail. Indigo later purchased a fee simple strip of the servient land wide enough to accommodate the same rail operations. Indigo now owns the estate that permits the identical uses. The easement is extinguished to the extent the fee ownership supplies the authorized privileges.
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Imperial Motors received a commercial easement in gross over Idris Ives's land to run a private rail spur for its manufacturing operations. The easement was created for a term of years. Imperial attempted to convey the easement in fee simple to a third party. Because the easement is commercial, it remains subject to the same restrictions on alienability that apply to estates of like duration.
Ilana Isaacs granted Isabella Ingram a noncommercial easement in gross to cross a private trail for personal hiking access. The creating instrument contained no words of succession or assignment. Isabella later attempted to sell the easement to Imran Iyer. Because the easement is noncommercial, its alienability is controlled by the manner and terms of creation, which omitted any transfer language.
A court examines whether the easement is used in connection with a business such as transportation, utilities, or shipping. When the grant ties the right to commercial operations and the holder uses it as a business asset, the easement is commercial and freely alienable absent an express restriction in the creating instrument.
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Extinguishment occurs to the extent the acquired estate permits the holder to make the same uses authorized by the easement. If the fee interest acquired supplies only part of the authorized privileges, the remainder of the easement survives.
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Yes. A commercial easement in gross may be limited by the same restraints on transfer that govern estates of comparable duration, such as a term of years or a life estate.
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Alienability is determined by the manner and terms of the easement's creation. When the instrument contains no words of succession or assignment and the surrounding circumstances indicate a personal right, the easement is not transferable.
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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…