Easement in Gross
A right allowing an individual to legally use a property owned by someone else
What is an Easement in Gross?
An easement in gross is a right allowing an individual to legally use a property owned by someone else. It is valid until the legal owner lives in or holds the property. An individual owning a property can legally allow others to make use of the property as per his/her wish. However, an easement in gross contract can involve only one property.
- An easement in gross is a right allowing an individual or an entity to use someone else’s land/property.
- An easement in gross agreement benefits the property owner as an individual, not the property.
- An easement holder will be unable to transfer the benefits to another party. The easement in gross contract becomes invalid if the property is sold, transferred, or inherited by a new party.
How Easement in Gross Works
An easement in gross affects the owner of the property and the beneficiary, unlike a regular easement, which affects the property directly. If the property is transferred, sold, or inherited by a new party, the easement in gross arrangement becomes invalid, and the new party is not obligated to act according to the agreement norms.
In the case of transfer of ownership of the property, the permissions approved in the easement in gross are not passed to the new property owner. Therefore, a new easement in gross contract is required to be made with the new owner. This is because the easement in gross agreement deals with the individuals, not the property or land.
Similarly, the beneficiary cannot transfer the related rights to any other party. Such a non-transferrable characteristic of the contract protects the value of the property from being depreciated.
The person permitted to use the property is not required to reside in or own a nearby property to get the related rights. The easement in gross contract can have broad or specific permissions as preferred. The property owner usually has the most control with regard to the restrictions outlined in the easement in gross agreement.
However, the easement in gross provides privileges or specific rights to other entities, not to the property owners. Moreover, it limits a property owner’s actions related to the property in the contract. The property owners may be unable to construct some permanent structures that can lead to interference with the access of the property by the easement holder.
Examples of Easement in Gross
Easement in gross contracts are common in utility companies. The contracts are usually created by implication, which means that an easement is required for the use of the property.
The contracts allow utility companies to access property owned by another entity for maintenance and repair services to sustain the supply of telephone service, electricity, television cable, or natural gas to the property or other properties in the neighborhood. Such easements in gross are called utility easements.
Easement in gross agreements are also made for the conservation of land, which limits certain actions such as the removal of minerals from the land and some types of development to preserve its agriculture potential and natural characteristics.
Rights Under an Easement in Gross
A holder of an easement in gross contract is allowed to do whatever is convenient and necessary to enjoy the benefits granted by the agreement as long as he/she does not cause unreasonable trouble for the property owner.
Conversely, the land/property owner can use the property/land without interfering with the easement in gross holder’s use of the rights.
When a court establishes that the easement holder has burdened the property by the unacceptable extent of use of the easement in gross, the property owner can resort to legal solutions.
They can be orders from the court limiting the access of the property to the easement holder, monetary damages in case the easement holder damages the property, and even termination of the easement in gross agreement.
Similarly, if the property owners interfere with the rights of the easement holders, it is considered trespass, and often courts will order the elimination of the obstacle in the easement in gross. The courts may also provide compensation to the easement holder.
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An easement is a concept in real estate in which one party, either an individual or organization, gains the right to use another party’s property in a defined way. In some cases the holder of the easement pays the owner of the property for the right of usage; in others it is created by state or local law and attached to the property. Such an easement may exist in perpetuity and be transferred when the property is sold, encumbering the new owner .
An easement in gross, also known as a “personal easement,” attaches the right of use to a single individual or entity rather than to the property itself. It is a personal interest in another person’s land, usually limited in scope and duration. Its terms, including payment, are negotiated between the property owner and the easement holder. An easement in gross is often considered irrevocable for the life of the holder, but it is usually rendered void if the owner sells the property upon which the easement request was based.
Key Takeaways
- An easement in gross is a type of easement that is attached to an individual or entity and usually cannot be transferred.
- An easement in gross is different from an easement appurtenant, which is attached to a piece of property.
- An easement in gross is often granted to utility companies, allowing them to install public infrastructure on private land.
- If land is sold without disclosing its easements, the buyer can seek legal remedies for any lost value.
Understanding an Easement in Gross
A typical property easement grants limited access to someone who is not the owner of a piece of real property . For example, a property owner might need an easement to use a neighbor’s driveway in order to access their own land.
An easement in gross is an easement that is granted to an individual or entity who generally cannot transfer the associated rights to any other person. If the holder of an easement transfers their property to someone else—through sale, inheritance, or any other mechanism—the current easement in gross may be considered void.
The new property owner can attempt to reach a new easement-in-gross agreement, but there is no guarantee that the right will be granted.
Example of an Easement in Gross
One familiar example of an easement in gross is a utility easement. These are legal agreements that allow utility companies to install and maintain infrastructure on private property. Under the conditions of the easement, a homeowner is restricted from digging or construction activities that could damage the utilities.
The party who benefits from an easement in gross does not have to own or reside in a neighboring property to be granted the associated rights. Additionally, the permissions granted in the easement may be as broad or specific as desired. When dealing with easements in gross, the property owner often has the most say regarding the limitations stated in the easement.
Sellers may be required to disclose any easements against their property to prospective buyers.
Easements in gross grant specific rights or privileges to someone other than the property owner. In contrast, an easement appurtenant grants rights to the owner of a nearby parcel of property. The property that benefits from the easement is known as the “dominant estate,” while the property that allows the easement is known as the “servient estate.”
An easement appurtenant is said to “ run with the land ,” meaning that when the easement holder sells their property, the easement rights transfer to the new property owner. Common examples would include an easement that allows access to a public park or one that lets a neighbor cross another’s land in order to reach their own property.
Some easements, especially those given to utility companies, carry with them significant interest and can ultimately be assigned to other parties. If a piece of real estate is purchased without the seller disclosing the nature of an easement, the buyer can seek legal remedies if the easement reduces the value of the property.
How Can I Terminate an Easement?
An easement can be terminated in eight ways: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release. Perhaps the simplest way to end an easement is to persuade the beneficiary to release or abandon their rights to the easement.
What Is a Conservation Easement?
A conservation easement limits the usage of private land in order to protect natural resources, such as an endangered species or ecosystem. Conservation easements are always easements in gross, in that they are not attached to a neighboring piece of land.
Who Is the Holder of an Easement in Gross?
The holder of an easement in gross is the person or entity that benefits from that easement. This type of easement generally cannot be transferred, although there are exceptions. For example, in a merger between two utility companies, the new company may inherit any easements belonging to its predecessors.
What Is the Difference Between an Easement in Gross and an Easement Appurtenant?
The main difference is that an easement in gross is not attached to a specific piece of property. Instead, it is granted by the owner of a property to a single individual or entity. That grant usually ends when the owner sells the property. In contrast, an easement appurtenant, because it is attached to land, continues in perpetuity when either parcel of land is sold.
An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity’s property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property. They are often created by law, though they are not the same as a government’s use of eminent domain, which seizes ownership of property .
An easement in gross is not attached to a property. Instead, it is granted to a single person or organization through negotiation with a property owner, usually coming at an economic price. Usually of limited scope and duration, it is generally terminated if the owner sells their property, rather than encumbering the new owner.
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Easement in Gross Definition
An easement is a legally enforceable right to use someone else’s land for a set amount of time in real estate. There are three main sorts of easements in real estate law: appurtenant easements, personal easements in gross, and commercial easements in gross. In this article, we will discuss easements in gross and how they can affect the purchase of a property.
What is an Easement in Gross?
How does an easement in gross work, examples of easement in gross, understanding easements.
Some common easements, particularly those granted to utility companies, contain significant interest and can be assigned to third parties in the future. Suppose a piece of natural land is purchased without the seller disclosing the existence of an easement. In that case, the buyer may pursue legal action if the easement lowers the property’s value.
Is an Easement in Gross Appurtenant?
How are Easements in Gross Terminated?
The first and easiest way is to wait out the issue. An easement in gross will cease to exist when the property is transferred from the legal owner to a new owner. Since by definition, the easement exists with the individual, not the estate or property itself. Obviously, the same goes if the property owner dies or the easement holder’s property is alienated for any reason, such as foreclosure.
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Home > VLR > Vol. 39 > Iss. 1 (1986)
Article Title
The Easement in Gross Revisited: Transferability and Divisibility Since 1945
Alan D. Hegi
Courts have disagreed about the nature, obligations, and privileges that accompany the easement in gross. Generally, an easement is an interest in land which gives the easement holder the right to use that land for a specific purpose, free from the will of the landowner. An easement is in gross when the benefit from the use of another's land inures to the easement holder personally, rather than to the holder's land. The land that is subject to the holder's right of use is the servient tenement. Courts agree on these basic principles of an easement in gross, but have disagreed on the holder's right to transfer his interest to a third party. Similarly, no uniformity exists among courts on the right of the holder of an easement in gross to divide and share his interest with a third party.
In the mid-1940's, two commentators compiled and analyzed the state of the law concerning the transferability and divisibility of easements in gross." Both writers attested to the importance of easements in gross in facilitating commercial activity, especially in the area of transportation rights of way and public utilities. Each author noted that the common law rule disfavored transferability and divisibility of easements in gross because the rights accompanying the easement were personal to the holder." The two writers noted, however, that the common law rule was beginning to changeand that courts were allowing limited transfers and divisions of easements in gross.' Emphasizing that a party could not realize the maximum value of an easement in gross unless the courts allowed the easement holder to transfer or divide his interest, both men concluded their essays with a call for a greater consensus among the courts and for fewer restrictions on the transferability and divisibility of easements in gross."
These commentaries appeared over forty years ago. Today,easements in gross continue to play an important commercial role and are finding new uses in fields such as environmental conservation and historic preservation.' Despite the growing importance of easements in gross, commentators during this forty-year span have neglected to address the questions of transferability and divisibility. The purpose of this Note is to gather and analyze the law of transferability and divisibility of easements in gross as the law has developed since 1945. Part II of this Note differentiates easements in gross from other types of real servitudes. Part III discusses the variety of approaches that courts and legislatures have taken in addressing the question of transferability. Part IV deals with the development of the independent exercise doctrine of divisibility.Last, part V advocates that courts should place less emphasis on terminology and should direct more attention toward the parties'intentions and the surrounding circumstances of the easement interest when determining the transferability and divisibility of easements in gross.
Recommended Citation
Alan D. Hegi, The Easement in Gross Revisited: Transferability and Divisibility Since 1945, 39 Vanderbilt Law Review 109 (1986) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol39/iss1/5
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VIDEO: When Property is Sold, Do Easements Transfer to the New Owners?
Hi! My name is Greg George. I’m an attorney with Bristol George. This video addresses the question, “When a property is sold, do easements transfer to the new owners?”
The short answer is, it depends . Whether an easement transfers to new owners of the land depends on the type of easement.
Generally speaking, there are two types of easements:
- Easements in Gross
- Easements Appurtenant
Easements in Gross are easements that grant the right to cross over someone else’s property to a specific individual or entity and, as such, are personal in nature. In other words, they do not transfer to a subsequent owner.
For example, Alice grants Bill an easement to cross through her yard to go fishing at the public creek so long as he is her neighbor. However, if Bill sells his property to Conrad, Bill’s right to cross over Alice’s land does not transfer to Conrad.
Easements Appurtenant benefit the owner of a parcel of land, known as the dominant estate, by imposing a burden to allow passage across another parcel of land, known as the servient estate. An easement appurtenant is said to “run with the land” because it is not personal to the owners of the land. An easement appurtenant will transfer to new owners. A handy way to conceptualize an appurtenance is that it is attached to the title ownership of the land itself, and thus is transferred to the new title owner upon sale.
For example, Alice may grant Bill and his successors and assigns an easement across her land. If Bill sells his property to Conrad, Conrad will also have the right to cross Alice’s land.
I hope you found this video helpful. Thanks for watching!
Easement Appurtenant and Easement in Gross – Explained
Do Easements Run with the Land?
Easement appurtenant vs easement in gross, what is an easement appurtenant, what is an easement in gross, easement in property law, related posts:.
Updated on March 11, 2023
In general, there are two different types of easements that can be created by express grant – either an appurtenant easement or an easement in gross.
An easement that runs with the land lasts forever unless the two simultaneous property owners agree, in writing, to cancel it. Of course, there are other ways to extinguish an easement but that are not covered in this post.
In contrast, an easement in gross is a personal easement that necessarily does not run with the land. That means the owner of the easement owns the personal right to use the easement but that right does not pass to future owners. An example of an appurtenant easement would be an easement for having the rights of pasture, fishing and taking game.
An easement that runs with the land is called an appurtenant easement – meaning it is meant to be binding on successive owners of the dominant and servient tenements. An easement appurtenant allows one property owner (the dominant estate) to use another property (the servient estate) for a specific purpose.
The easement is “appurtenant” to the dominant estate, meaning that it is permanently attached to the property and passes to any subsequent owners of the dominant estate.
In layman’s terms, this means that one property is meant to be the beneficiary of the easement and the other property owner is meant to be burdened by the easement.
The key thing to remember about easements appurtenant is that they are rights to use someone else’s property that are permanently attached to the property.
Unlike an easement in gross, which is a personal right that can be transferred or sold independently of the land it grants access to, an easement appurtenant is a property right that is attached to the land and is transferred along with the property when it is sold.
In real estate law, an easement in gross is a type of non-possessory interest in land that allows the holder of the easement to use the land for a specific purpose, but does not grant them ownership or possession of the land.
This type of easement is typically granted to utility companies, allowing them to access and maintain equipment on the land, or to individuals who need access to a specific piece of land for a specific reason.
Unlike other types of easements , an easement in gross is not attached to a specific piece of property and can be transferred or sold independently of the land it grants access to.
The law provides that if an easement does not state the specific the type of easement that it is, then it is presumed to be appurtenant . Schmidt v. Bank of America 223 Cal.App.4th 1489,1499.
Over that past decade, our easement dispute attorney in Los Angeles have done extensive easement work that has allowed us to gain insight into the various types of easements that can be created. We have also extensively litigated competing easements claims throughout Los Angeles, in the Hollywood Hills, Brentwood, Palos Verdes and throughout Southern California.
Schorr Law has one of the top rated real estate attorney in Los Angeles . To schedule a consultation regarding your easement matter, contact us at (310) 954-1877, or you can email [email protected] You can also directly message us here .
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What is an Easement in Gross?
Easements allow the use of a piece of property by someone other than the owner without transferring ownership. An easement can either run with the land or be assigned to an individual. If the easement benefits an individual and is not tied to the land, it is known as an easement in gross. By contrast, appurtenant easements are linked to the land — when the land is sold, the easement continues with the land. This type of easement is recorded with the deed and title, whereas an easement in gross is not.
An easement in gross does not transfer with the property when it is sold, and the individual that benefits from the easement cannot transfer the easement. The easement agreement is between two individuals granting an easement on a property owned by one of the individuals. A property that carries the burden of the easement is the servient tenement.
For example, Landowner A has a pond on his property. He can grant an easement to Individual B to access the pond for fishing. Individual B does not need to own any property or live within a certain distance of Landowner A to benefit from an easement in gross.
Individual B cannot sell or share the easement. It is for her personal benefit. If Landowner A sells his property, the easement does not automatically continue. Individual B would need to approach the new owner for a new easement. Since the burden of the easement is on Landowner A’s property, it is the servient tenement.
It is essential to document an easement in gross to protect both parties. Putting the easement agreement in writing and defining the extent and duration of the easement can help avoid any future misunderstandings. Without a written contract, the individuals have nothing to fall back on if there is a dispute or disagreement.
Easements in gross and easements appurtenant are both planned easements. Permission is granted to an individual or individuals to use a piece of property. If someone uses a piece of property without permission for an extended period of time, it may result in a prescriptive easement. This is a hostile easement and can eventually lead to losing the use or ownership of the portion of property in question. The minimum period of hostile use to establish a prescriptive easement varies from five to more than 30 years, depending on local laws.
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- By: Barbara Helgason An easement in gross is not transferable when property is sold.
Easements In Gross Lawyer
Free 15 minute consultation, easement in gross: your questions answered.
In order to understand how an easement in gross is used, you need to define it legally. Doing so will enable you to better understand how it can affect the use of your real estate. The following questions and answers will also assist you in learning more about this type of easement.
An easement in gross gives a person the right to use the land of another person. He or she can use the land for as long as the other party owns the property or the holder of the easement is alive. For example, if the owner of a property sells an easement in gross to a friend who enjoys fishing on the owner’s pond, the friend can fish there until he or she dies or until the owner sells the real estate. An easement in gross may also be established by a utility company to run pipes over a piece of real estate. This non-possessory right makes it possible for an entity, such as a utility company, to run or maintain lines or pipes. Therefore, an easement in gross is a personal right to use another person’s real property, with limitations. By speaking to an easement attorney in San Diego, you can better clarify your easement rights.
Is An Easement In Gross The Same As An Easement Appurtenant?
An easement in gross is not the same as an easement appurtenant as each are distinguished by the properties that are involved and right-of-use. An easement appurtenant entails the use of two parcels of real estate. The parcel burdened by the easement is known as a servient estate. The parcel benefiting from the easement is known as a dominant estate. When the easement is attached to the land, it is called an easement appurtenant.
Conversely, an easement in gross only entails the use of a servient estate. As a result, a right is not attached to the land in question. Rather, a personal right, such as that of an individual or a utility, is noted instead. Therefore, an easement in gross is the personal right given to a person or entity to make limited use of real estate. You can receive more information about the differences by consulting with a San Diego easement lawyer.
Can An Easement In Gross Be Assigned?
From a traditional standpoint, an easement in gross cannot be assigned or transferred to another individual. For example, if you have an easement in gross to fish on someone’s property, you cannot assign that right to someone else. According to easement lawyers in San Diego, courts do not permit assignments for gross easements that are created for personal use.
However, the assignment may be recognized when it comes to commercial use. Therefore, a utility may be able to transfer an easement to a commercial enterprise where a merger is happening. If the easement is express, or in writing, and allows an assignment explicitly, normally the court will permit the assignment.
Who Does An Easement In Gross Benefit?
An easement in gross is created to benefit a company or person versus a parcel of land. That is why this type of easement is generally set up for public utility use.
Do Easements In Gross Have To Be Recorded?
Easements in gross do not have to be recorded, as they do not represent ownership rights. The easement may be formed by implication – meaning the creation of the easement is required for the use and enjoyment of a property. While recording the easement is not necessary, it should be documented to safeguard both parties to the agreement.
What Is The Best Way To Avoid Any Disputes?
Drawing up an easement agreement with a San Diego easement lawyer should be done to avoid disputes. Defining the duration and use of the easement should be established in writing.
What Are The Most Common Types Of Easements In Gross In The United States?
Utility company easements represent the most common types of easements in gross in the US. A utility easement makes it possible for a utility company to service part of a property or maintain equipment needed to supply utility services.
Pipeline easements are also considered common easements in gross. These kinds of easements permit pipeline companies to access buried sewer or water pipes, or service or renovate the pipes.
Another common type of easement in gross is a land conservation easement . This type of easement prevents an owner from taking actions that would affect the conservation of the land, such as extracting minerals or cutting down trees.
What Is A Nonpossessory Right And How Does It Relate To An Easement In Gross
A non-possessory right defines an easement in gross as it permits someone to use the land of another party. Therefore, this right is one that is held by a person or entity other than the individual who holds title to the real estate. The easement in gross is a personal right that allows a person or entity, who does not possess a property, to use it. You can find out more about your rights in this respect by consulting with a California easement lawyer located in San Diego.
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Easements are rights attached to property and remain with the property even after the property is sold and the title is transferred. This type of easement is known as an easement appurtenant. An easement appurtenant runs with the land and if the property is bought or sold, it is bought or sold with the easement in place. The easement becomes part of the legal description of the property. Another category of easements is easement in gross, which could not be transferred and were not tied to a particular piece of land. For instance, a person could grant an easement across a residence to a neighbor, but this type of easement would not necessarily continue with the new neighbor if the neighbor holding the easement sold the property. These types of easements are referred to as personal easements. However, not all personal easements are non-transferable and law permits the transfer of commercial easement, such as a utility easement.
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IMAGES
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COMMENTS
An easement in gross is a right allowing an individual or an entity to use someone else's land/property. · An easement in gross agreement
An easement in gross is an easement that is granted to an individual or entity who generally cannot transfer the associated rights to any other person.
An easement in gross differs from the more common easement appurtenant because, while it does confer an irrevocable property right to a non-
The person who receives the easement in its entirety cannot transfer the accompanying rights to anyone else. The current easement in gross
An easement is in gross when the benefit from the use of another's land inures to the easement holder personally, rather than to the holder's land. The land
An easement appurtenant will transfer to new owners. A handy way to conceptualize an appurtenance is that it is attached to the title ownership of the land
In real estate law, an easement in gross is a type of non-possessory interest in land that allows the holder of the easement to use the land for a specific
An easement in gross does not transfer with the property when it is sold, and the individual that benefits from the easement cannot transfer
From a traditional standpoint, an easement in gross cannot be assigned or transferred to another individual. For example, if you have an easement in gross
The easement becomes part of the legal description of the property. Another category of easements is easement in gross, which could not be transferred and were