An easement in gross is a type of easement that grants a person or entity the legal right to use another person’s land for a specific purpose, but does not benefit any adjoining parcel of property. Unlike an appurtenant easement, which is tied to neighboring land and transfers with ownership of that land, an easement in gross is personal or commercial in nature and generally belongs to an individual, company, or organization. Common examples include utility easements allowing electric, gas, water, or telecommunications companies to install and maintain infrastructure across private property, as well as easements granted for railroad lines, pipelines, or shared access roads. Because the easement benefits a particular holder rather than another parcel of land, there is no dominant tenement associated with the easement.
Easements in gross may be either commercial or personal, and the transferability of the easement often depends on that distinction. Commercial easements in gross, such as those held by utility companies, are generally assignable and continue regardless of changes in property ownership. Personal easements in gross, however, are typically nontransferable and terminate upon the death of the holder unless otherwise specified. Although the property owner retains title and most ownership rights, the easement holder has the legal authority to use the designated portion of the property for the permitted purpose. Easements in gross can affect property value, future development plans, and land use rights, making them important considerations during title examination and real estate transactions.
