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.
What are the benefits of having an Easement in Gross
An easement in gross is a legal agreement between two or more people that gives one party the right to use another party’s land for a specific purpose. The benefits of having an easement in gross are:
- You can use the other person’s land for the specific purpose agreed upon in the contract.
- The other person cannot unreasonably withhold permission for you to use their land.
- You can enforce the terms of the agreement in court if necessary.
What are the drawbacks of having an Easement in Gross?
While there are some benefits to having an easement in gross, there are also some potential drawbacks that you should be aware of:
- The agreement is only between the two parties involved, so if the landowner dies or sells the property, the easement may no longer be valid.
- The agreement may be difficult to enforce if there is no written contract.
- You may not be able to make changes to the agreement without the landowner’s permission.
What should I include in my Easement in Gross contract?
When creating an easement in gross contract, be sure to include the following information:
- The names of the parties involved.
- A description of the land that is being affected by the agreement.
- The specific purpose for which the easement is being granted.
- The duration of the easement.
- Any restrictions on the use of the land.
- The terms of termination for the easement.
An easement in gross can be a useful tool for both landowners and those who need to use someone else’s land for a specific purpose. However, it is important to understand the potential drawbacks of this agreement before entering into one. Be sure to consult with an attorney if you have any questions about creating or enforcing an easement in gross.
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.
