Easement in Gross

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An Easement in Gross belongs to the individual (or company) that owns the easement and doesn't benefit other real estate.

 

It terminates on the death of the person who owns the easement
It generally terminates when the purpose of the easement no longer exists
An easement in gross cannot usually be transferred
There is a servient estate but no dominant estate

 

The most common purpose of an easement in gross is to allow a utility company the space necessary to run and maintain lines, poles, buried cable, etc.

 

An easement in gross has no dominant estate.  The owner (utility company) has no land.  The land on which the easement exists is still called the servient estate.

 

Example:

 

The power company has an easement to run a power line across a homeowner's land.  Unlike an easement appurtenant, there is only one parcel involved.

 

The homeowner's land is the servient estate.  There is no dominant estate.

 

If the power company reroutes the power line and the easement is no longer necessary, the easement is terminated.

 

Related Topics

 

Easement in Gross

Easement Appurtenant

Servient Estate

Dominant Estate

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