Also known as: gross
Written by attorneys · grounded in primary & secondary sources — see below
An easement or similar servitude that benefits a person or entity personally rather than attaching to and enhancing the use of a particular parcel of land. The benefit stands alone without a dominant tenement and may be alienable depending on its commercial character and the terms of creation.
Landowner Green granted Hunter a written right to hunt on Green’s 400-acre tract. The right was created solely for Hunter’s personal enjoyment and did not benefit any land Hunter owned. Because the benefit was held personally rather than appurtenant to a dominant estate, the interest is an easement in gross.
Pipeline Company received a recorded servitude to maintain an oil line across Rancher’s property. The right served Company’s business operations wherever located and did not enhance any particular parcel owned by Company. The servitude is therefore an easement in gross.
Select any source to read its text and confirm it supports the definition.
Icarus Aviation obtained a written right to maintain a power line across rural land owned by another company. The right was granted to Icarus personally to serve its operations wherever located and did not enhance any particular parcel owned by Icarus. The interest is therefore an easement in gross rather than one appurtenant to land.
Indigo Textiles received a servitude allowing it to run fiber lines across a ranch to connect its factories. The benefit served Indigo's business needs directly and would remain useful to Indigo even if it sold all its factories. The burden is appurtenant to the ranch while the benefit stands in gross.
A telephone company holds a commercial easement in gross to string lines across multiple parcels. Because the easement is commercial in character, the company may freely assign the benefit to another utility without the consent of the servient owners.
A neighbor was granted a noncommercial easement in gross to cross a lake for personal recreation. The creating instrument contained no words of assignability, so the benefit remains personal to the original holder and cannot be transferred.
An easement in gross benefits a person or entity personally and is not tied to ownership of any particular parcel. An appurtenant easement, by contrast, is created to benefit and does benefit the possessor of a dominant tract in the use of that land.
Supporting sources
Yes. The burden of an easement or profit is always appurtenant to the servient land. The benefit, however, may be either appurtenant to a dominant estate or held in gross by the original beneficiary.
Supporting sources
A commercial easement in gross is freely alienable. A noncommercial easement in gross is alienable only if the instrument creating it so provides or the circumstances of creation indicate that alienability was intended.
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…He refused to charge, however, that the jury must be "convinced" of malice, in the sense of "actual intent" to harm or "gross negligence and recklessness," to make such an award, and he also refused to require that a verdict for respondent differentiate between compensatory and punitive damages. The judge rejected…