Also known as: personal easement · easement in gross · easements in gross
Written by attorneys · grounded in primary & secondary sources — see below
A nonpossessory interest in land that benefits its holder personally rather than any particular parcel of land. The interest is typically noncommercial and its alienability is determined by the manner or terms of its creation rather than by automatic succession rules that apply to appurtenant easements.
Patricia Patel granted a neighbor a perpetual right to maintain a private footpath across her rural parcel for personal access to a hiking trail. The neighbor later sold the right to a friend. The assignment is invalid because the easement benefits the holder personally and therefore qualifies as a personal easement in gross whose alienability is controlled by creation terms.
Philip Powell held a personal right to cross Phoebe Park's land to reach a private fishing spot. Philip later purchased the servient parcel from Phoebe. The easement ended because Philip's fee ownership now allows him to make the same use without relying on the separate easement interest.
Select any source to read its text and confirm it supports the definition.
Pamela Phillips received a personal easement in gross to hike across land owned by Piper Patel. The creating instrument limited assignment to family members. Pamela may transfer the interest only to qualifying buyers because the easement is subject to the same alienability restrictions that apply to estates of like duration.
Pedro Pacheco granted a noncommercial right to swim in his private lake to a named neighbor. The instrument contained no words of succession. The neighbor's heirs cannot use the right because the terms of creation determine that the personal easement in gross is not alienable.
Personal easements are noncommercial interests that benefit the holder individually rather than a business operation. Their alienability is governed by the manner or terms of creation. Commercial easements in gross benefit a business and are freely alienable as property interests.
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Yes. When the holder of a personal easement acquires an estate in the servient land that permits the same use, the easement is extinguished to the extent the fee ownership supplies the privilege.
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No. Because a personal easement is not appurtenant to any parcel, it does not run with land. Succession depends on the express terms or manner of creation rather than automatic transfer rules.
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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…