BROWSE

Easement In Gross

What does 'Easement In Gross' mean

An easement in gross is an easement that attaches a particular right to an individual or entity rather than to the property itself. The easement in gross is often considered irrevocable for the life of the individual, but it can be rendered void if the individual sells the property upon which the easement request was based.

Explaining 'Easement In Gross'

The individual who benefits from the easement in gross is unable to transfer the associated rights to any other person. If the property is transferred to another owner, through sale, inheritance, or any other mechanism, the current easement in gross is considered void. The new property owner can attempt to reach a new easement in gross agreement, but there is no guarantee the right will be granted.

Homeowner Example

For example, a homeowner may have an easement in gross with a neighbor, allowing the homeowner to use a path through the neighbor's woods to reach the property. If the homeowner then sells the property, the rights granted in the easement in gross cannot be automatically passed to next property owner.

Understanding Easements

Easements grant specific rights or privileges to someone other than the property owner. Some common easements permit utility companies, such as water or electric companies, to enter a property to access the cables or piping involved in supporting the service they provide. This also limits the actions that can be taken by the property owner in regards to the property noted in the easement.


Further Reading


Conservation easements: windfall or straitjacket?
go.gale.com [PDF]
… no favor in common law principles; in common law, easements appurtenant were favored over easements in gross, and affirmative … See also, Lincoln Institute of Land Policy, Reinventing Conservation Easements, page 5 … 11) Uniform Conservation Easement Act, Commissioners …

Adoption of conservation easements among agricultural landowners in Colorado and Wyoming: The role of economic dependence and sense of placeAdoption of conservation easements among agricultural landowners in Colorado and Wyoming: The role of economic dependence and sense of place
www.sciencedirect.com [PDF]
… no favor in common law principles; in common law, easements appurtenant were favored over easements in gross, and affirmative … See also, Lincoln Institute of Land Policy, Reinventing Conservation Easements, page 5 … 11) Uniform Conservation Easement Act, Commissioners …

CEOpedia Management onlineCEOpedia Management online
ceopedia.org [PDF]
… no favor in common law principles; in common law, easements appurtenant were favored over easements in gross, and affirmative … See also, Lincoln Institute of Land Policy, Reinventing Conservation Easements, page 5 … 11) Uniform Conservation Easement Act, Commissioners …

A lack of response of the financial behaviors of biodiversity conservation nonprofits to changing economic conditionsA lack of response of the financial behaviors of biodiversity conservation nonprofits to changing economic conditions
onlinelibrary.wiley.com [PDF]
… no favor in common law principles; in common law, easements appurtenant were favored over easements in gross, and affirmative … See also, Lincoln Institute of Land Policy, Reinventing Conservation Easements, page 5 … 11) Uniform Conservation Easement Act, Commissioners …

Legal Authority for Federal Acquisition of Conservation Easements to Provide Agricultural Credit ReliefLegal Authority for Federal Acquisition of Conservation Easements to Provide Agricultural Credit Relief
heinonline.org [PDF]
… no favor in common law principles; in common law, easements appurtenant were favored over easements in gross, and affirmative … See also, Lincoln Institute of Land Policy, Reinventing Conservation Easements, page 5 … 11) Uniform Conservation Easement Act, Commissioners …

conservation easementconservation easement
www.elgaronline.com [PDF]
… no favor in common law principles; in common law, easements appurtenant were favored over easements in gross, and affirmative … See also, Lincoln Institute of Land Policy, Reinventing Conservation Easements, page 5 … 11) Uniform Conservation Easement Act, Commissioners …

Farmland owners' satisfaction with agricultural conservation easementsFarmland owners' satisfaction with agricultural conservation easements
www.tandfonline.com [PDF]
… no favor in common law principles; in common law, easements appurtenant were favored over easements in gross, and affirmative … See also, Lincoln Institute of Land Policy, Reinventing Conservation Easements, page 5 … 11) Uniform Conservation Easement Act, Commissioners …



Q&A About Easement In Gross


Are there any limitations on what you can do with property subject to an easement in gross?

Yes, there are limitations on what you can do with property subject to this type of agreement.

Can you sell your rights under an easement in gross?

Yes, you can sell your rights under the terms of this type of agreement.

What are some common types of rights granted by easements?

The most common types of rights granted by these agreements include utility companies, such as water or electric companies, entering properties to access cables or piping involved with supporting the service they provide.

What is an easement in gross?

An easement in gross is an easement that attaches a particular right to an individual or entity rather than to the property itself.

Who can have an easement in gross?

Individuals and entities can have this type of easement.