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What Is an Easement in Gross?

There are various types of easement that exist in law, depending on the extent to which another person or thing is given access or depending on who is given the right to access the land. Easements can be attached to the piece of property, thus transferable upon sale or rent of title or deed, or they can be attached to individuals, thus the privilege remains only with the person who has been granted use or access. The latter type of easement is an easement in gross, which benefits a person or party instead of a dominant tenement.

An individual who is granted easement in gross is given the right to access private property that is not in his or her ownership. For example, an individual may be given the right to pass through land in order to reach his or her landlocked property. An easement in gross does not provide subsequent owners the right to pass through other private properties, nor does it allow those who have been granted the easement in gross the right to access other pieces of property upon transference or relinquishment of his or her original piece of property.

An easement in gross is an easement agreement made between 2 individuals, one of which owns the property and one who is given access to that property. The property in question is referred to as a servient teniment since it is the property upon which access is to be given to. Such an easement does not necessarily have to be set in a written contract, but a written contract would help settle any future disputes.

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