Easement In Gross

The best way is to look at your “Preliminary Title Report” or your “Title Insurance Policy” that you received when you closed on the home. These documents list every legal encumbrance on the property. If you are currently homeownership bound and looking at a new house, always check for these “Schedule B” exceptions before finalizing the deal.

If the easement is “commercial” (like a power company or a railroad), the company can usually sell or transfer that right to another business. However, if the easement is “personal” (given to a specific friend or neighbor), it usually cannot be sold or assigned to anyone else.

Because the easement is a burden on your land (the “servient estate”), it typically remains in place even after you sell. The new owner of your home will still have to honor the right you gave to that specific person or company. This is why a thorough title search is a non-negotiable part of homeownership.

Yes, they are often easier to terminate than other types. Common reasons for termination include:

• Death of the holder: If granted to an individual, the right usually ends when they pass away.

• Abandonment: If a utility company removes its equipment and stops using the path for a set number of years.

• Expiration: If the original agreement had a specific “end date.”

Yes. Because an easement in gross can limit what you do with your land (for instance, you can’t build a swimming pool over a utility line), it can slightly decrease your property value. It is standard to receive a one-time payment or ongoing compensation in exchange for granting these rights to a commercial entity.

Absolutely. If a pipeline company or a neighbor asks for a new easement, you are in a position to negotiate the “scope” of their use. You can define exactly where they can walk, what hours they can enter, and what happens if they damage your landscaping. In the world of homeownership, never sign an easement without clear, written boundaries.

The most frequent example involves utility companies. A power company holds an easement in gross to run lines across your backyard and enter the property for maintenance. This right doesn’t benefit a neighbor’s specific plot of land; it benefits the utility company so they can provide services to the entire community.

Beyond “in gross” and “appurtenant,” you may encounter:

• Prescriptive Easement: Created when someone uses your land openly and without permission for a long period (like a shortcut).

• Easement by Necessity: Created by a court when a piece of land is “landlocked” and needs a path to a public road.

An easement appurtenant is “attached” to the land. If your neighbor has an easement appurtenant to use your driveway, that right automatically transfers to whoever buys their house. An easement in gross, however, generally does not transfer automatically when a property is sold because it is tied to a specific individual or organization.

An easement in gross is a legal right that attaches to a specific person or entity rather than to the land itself. Unlike other easements, there is no “dominant estate” (a neighboring property that benefits). Instead, the right is personal. For example, if you give a specific neighbor the right to cross your yard to reach a fishing hole, that right belongs to that person individually, not to their house.