Also known as: servitudes in gross · easement in gross
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory interest in land that benefits a person or entity rather than any particular parcel. The interest may be transferred or extinguished according to rules governing its commercial character or the holder's acquisition of a fee estate in the burdened land.
Steven Silva held a servitude in gross permitting truck crossings over Samuel Soto's ranch to reach a testing site. Silva later purchased the runway strip and buffer zone in fee. The acquisition ended the servitude over those specific areas because Silva could now make the same uses through ownership.
Spectrum Financial received a servitude in gross allowing maintenance of transmission lines across Sarah Sullivan's property. Spectrum continued to exercise the benefit for its operations. The servitude remained with Spectrum until it transferred the benefit to another party.
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Skyline Construction obtained a commercial servitude in gross for utility access across Stonehaven Properties' parcel. The company later conveyed the servitude to Silverline Industries. The transfer was valid because commercial servitudes in gross are subject to the same alienability rules as estates of like duration.
A servitude in gross benefits a person or entity personally while an easement appurtenant benefits a dominant parcel and runs with that land. The distinction turns on whether the benefit is tied to ownership of a particular tract.
Extinguishment occurs to the extent the holder acquires a fee estate that permits the same uses previously authorized by the servitude. Partial acquisition leaves the servitude intact over land not acquired in fee.
Yes. A commercial servitude in gross may be subjected to the same restrictions on alienability that apply to an estate in land of like duration.
The original holder retains the benefit until it is transferred to another. Automatic passage occurs only when the servitude is appurtenant to a transferred interest in land.
…in the panel opinion, and a dissent from denied rehearing en banc argued that the regulation appropriated a traditional easement in gross and therefore constituted a per se taking. This Court granted certiorari. II A The Takings Clause provides: "nor shall private property be taken for public use, without just…