Easement in Gross vs. Easement Appurtenant: Which One Applies to You

Confused about easements? You're not alone. Some give rights to a person, others stick to the land. One can vanish, the other stays forever.

Knowing the difference can save you headaches and money. So, which one affects you? Let's break it down.

What Is an Easement?

An easement is a legal right to use someone else's land for a specific purpose. It does not give ownership, just permission to use the land in a certain way.

For example, a neighbor may have the right to use your driveway, or a utility company may have access to install power lines. Easements help landowners share access while keeping property boundaries clear.

Easement in Gross: Personal Rights, No Land Tie

An easement in gross gives a person or company the right to use someone else's land. It is not tied to the property itself, only to the person or business that holds the right.

For example, a utility company may have an easement in gross to run power lines through private land. If the land is sold, the easement stays with the company, not the new owner.

Since it is personal, this type of easement usually cannot be transferred unless it is for business use.

Easement Appurtenant: Attached to the Land

An easement appurtenant is tied to the land, not a person. It stays with the property even when it is sold.

For example, if one homeowner has the right to use a shared driveway on a neighbor's land, that right stays with the home, no matter who owns it.

This type of easement benefits one piece of land (the dominant property) while affecting another (the servient property). It usually cannot be removed without both property owners agreeing.

Key Differences: What Sets Them Apart?

An easement in gross vs. an easement appurtenant comes down to one big difference who benefits.

An easement in gross benefits a person or company, not the land. It stays with them even if the property changes owners. Think of a utility company running power lines through your yard.

An easement appurtenant benefits the land itself. It stays even when the property is sold. A common example is a shared driveway between two homes.

One is personal, the other is tied to the land. Knowing which one applies can help you protect your property rights.

How to Establish or Remove an Easement

An easement can be created through a legal agreement, a property deed, or a court order. Sometimes, an easement is necessary if a property has no other way to access a road.

In other cases, long-term use of land may create legal rights over time. Removing an easement usually requires both parties to agree in writing. It can also end if it was only meant to last for a certain time, or if it has not been used for many years.

In some cases, a court can decide to remove it. If you need to establish or remove an easement, a lawyer can help with the process.

Learn All About Easement in Gross vs. Easement Appurtenant

Understanding the difference between an easement in gross and an easement appurtenant is important for protecting your property rights.

Whether it's for personal use or tied to the land, knowing how these easements work can help you make better decisions. If you're ever unsure, consulting a lawyer can guide you through the process.

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