Also known as: in gross property right · in-gross property rights · 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 a particular parcel. The interest is personal to the holder and does not run with any dominant tenement.
Isaac Irving held a commercial easement in gross allowing truck access across Innovate Pharmaceuticals' loading yard to reach his separate warehouse. When Isaac later purchased the yard itself in fee, the easement terminated because his ownership of the servient land now authorized the identical truck movements without need for the separate right.
Iris Energy obtained a written commercial easement in gross to run transmission lines across Ironclad Industries' property to serve its distant substation. When Iris sold its entire utility operations to Inertia Dynamics, the easement passed with the sale because the grant was commercial in character and contained no restriction on transfer.
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A court examines whether the grant benefits a person or entity independently of any particular tract of land. If no dominant tenement is identified and the advantage flows to the holder personally or for its business operations, the easement is in gross.
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Yes. When the easement serves a business purpose such as shipping, utilities, or rail operations, modern doctrine treats it as an alienable property interest that may be assigned along with the related enterprise unless the creating instrument restricts transfer.
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Yes, to the extent the new owner's fee interest authorizes the same uses previously permitted by the easement. Partial acquisition that does not cover the full scope of authorized uses leaves the remainder of the easement intact.
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Apportionment turns on the terms and commercial purpose of the grant. When the easement is created for broad business operations such as agricultural shipping, the holder may permit allied users to share the facility provided the servient estate is not overburdened.
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