Easement in Gross
What is an easement in gross?
An easement in gross is issued to an individual or entity (corporation). Since it is not granted to land as most easements, there is no dominant tenement. The property upon which it is issued is considered the servient tenement. Once the individual it was granted to (grantee) dies, it terminates.
So, what does easement in gross mean in English?
Say you own a property which borders a lake, and your next door neighbor would like to access the lake by using a trail across your property. You could issue them an easement in gross to allow them to do so. It is issued to them individually and cannot be transferred. Only the individual it was issued to would have the right to use your property for this purpose. Additionally, if they sold their property and moved away, the new owner would no longer have the right unless they negotiated a new one with you.
In the real world where would an easement in gross most commonly be seen?
Most are given to entities (corporations), such as utility companies. They are used by the utility company to maintain power lines or telephone lines necessary to provide services. Easements in gross issued to entities are called commercial easements in gross, and usually may be assigned or conveyed by the easement holder.
What other terms related to easement in gross should I know for my exam?
Click below for a review of easements for your real estate licensing exam:
What else can help me prepare to pass my real estate licensing exam on my first attempt?
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