Also known as: easements in gross · personal easement
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory interest authorizing limited use of another's land that benefits the holder personally or in business rather than any particular parcel. The interest exists without a dominant estate and is governed by the terms or manner of its creation for alienability questions.
Elemental Pharmaceuticals holds a perpetual written right to maintain pipelines across land owned by Edgewater Capital. Elemental sells its entire pharmaceutical operations to Eclipse Manufacturing. Eclipse may enforce the pipeline right against Edgewater because the commercial character of the interest permits transfer to the successor company.
Empire Logistics possesses an easement in gross allowing truck access across a parcel owned by Eva Espinosa. Empire later purchases the fee simple estate in that same parcel. The easement terminates to the extent Empire can now make the same uses by virtue of its ownership of the servient land.
Select any source to read its text and confirm it supports the definition.
Edgewater Capital holds a commercial easement in gross for utility lines across land owned by Esther Eisenberg. The creating instrument imposes a restraint against assignment without consent. That restraint is enforceable against Edgewater just as it would be for a comparable estate in land of like duration.
Edith Eberhardt receives a noncommercial easement in gross to cross land owned by Emma Erickson for personal recreation. The grant instrument states the right ends upon any attempted transfer. The absence of words of succession in the creating document prevents alienability to a later holder.
An easement in gross benefits the holder personally or in business without reference to any dominant parcel. An easement appurtenant instead benefits a particular tract of land and passes automatically with transfers of that dominant estate.
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Commercial easements in gross are alienable as property interests. Noncommercial easements in gross are alienable only if the manner or terms of creation permit transfer.
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Acquisition extinguishes the easement to the extent the new owner can make the authorized uses solely by virtue of owning the servient land.
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Yes. A commercial easement in gross may be subjected to the same restrictions on alienability that apply to an estate in land of like duration.
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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…