This form is an agreement to convey the use or benefit of a tract of land to another party for a specific limited purpose without giving the party the right to possess, take from, improve or sell the tract of land.
When discussing the topic of easements, it is essential to understand the key distinction between easement in gross and easement appurtenant. These terms refer to different types of rights granted to individuals over another person's property. To gain a comprehensive understanding, let's explore the differences between easements in gross and easements appurtenant, with a focus on their types and significance. 1. Easement in Gross: An easement in gross is a type of easement that benefits an individual or entity rather than a particular property. Key characteristics of easements in gross include: a. Personal Beneficiary: It grants specific rights to an individual or a business entity, irrespective of their ownership of any nearby property. b. Absence of Dominant Estate: Unlike easements appurtenant, an easement in gross lacks a dominant estate, which means there is no property that directly benefits from the easement. c. No Transfer Capability: Generally, easements in gross are not transferable unless otherwise stated within the legal agreement. Types of Easements in Gross: i. Commercial Easements: These are easements granted to a business entity such as telecommunication companies for the installation and maintenance of utility lines or cables on private property. ii. Personal Easements: These easements are granted to individuals for recreational activities or personal needs, such as granting permission to fish in a privately-owned pond or to access a private beach. iii. Public Easements: This type of easement in gross benefits governmental entities, granting them specific rights like access to public utilities or the construction of public roads. 2. Easement Appurtenant: An easement appurtenant is a type of easement that benefits a particular piece of property instead of an individual or entity. Key characteristics of easements appurtenant include: a. Two Connected Properties: Easements appurtenant involve a relationship between a dominant estate (the property benefiting from the easement) and a serving estate (the property burdened by the easement). b. Transferable: Easements appurtenant run with the land, meaning they automatically transfer with the property if it is sold or conveyed. c. Mutual Benefit: Both the dominant estate (easement beneficiary) and the serving estate (the land being burdened) derive mutual benefit from the easement. Types of Easements Appurtenant: i. Right of Way Easements: These easements allow the owner of a dominant property to access their property by passing over the serving estate. ii. Drainage Easements: These easements allow water to flow through the serving estate onto the dominant estate, preventing flooding or water-related damage. iii. Beach Access Easements: Such easements are common along coastal areas, allowing neighboring properties to access the beachfront through the serving land without ownership rights. Understanding the distinctions between easement in gross and easement appurtenant is crucial as it determines the beneficiaries, the type of properties involved, transferability, and the nature of rights granted. Whether it is a personal easement in gross enabling recreational access or a right of way easement appurtenant providing vital entry to a dominant property, comprehending these differences is essential in legal agreements, property transactions, and potential conflicts.
