CandleFocus Glossary Editor
An easement in gross is an interest in land that grants an individual or a legal entity (called the “grantee”) certain rights over another's land. These rights can include a right of way, access, or even a right of use in a specific area. Unlike an easement appurtenant, an easement in gross is not attached to a piece of real estate, but to the individual or entity itself.
Most often, easements in gross are granted to utility companies or government entities, in which they can place public infrastructure on private land. Examples include telephone and electrical poles, pipelines, or water and sewer systems. These types of easements are vital for public good and are often in place for the long-term.
The legal language of an easement in gross is important; it should clearly define the rights of the grantee, time periods for use of the land, and maintenance and repair responsibilities. The addition of an easement in gross will also reduce the value of the land, so the main goal is to try to minimize the scope of access and use as much as possible.
When buying land, it is essential to do a disclosure of easements before closing. At the very least, a title search should be performed to identify any existing easements. If detriment can be caused to the buyer due to existing easements, the seller must make sure the buyer is aware of them. If land is sold without disclosing its easements, the buyer can seek legal remedies for any lost value due to the easement’s presence.
In conclusion, an easement in gross is an interest in land separate from the property itself and granted to an individual or a legal entity. This type of easement grants specific rights such as a right of way or access to another's land and is typically found in instances where utilities need to place public infrastructure on private land. Because an easement in gross can reduce the value of the land, performing a title search and disclosure of easements are essential before buying land.
Most often, easements in gross are granted to utility companies or government entities, in which they can place public infrastructure on private land. Examples include telephone and electrical poles, pipelines, or water and sewer systems. These types of easements are vital for public good and are often in place for the long-term.
The legal language of an easement in gross is important; it should clearly define the rights of the grantee, time periods for use of the land, and maintenance and repair responsibilities. The addition of an easement in gross will also reduce the value of the land, so the main goal is to try to minimize the scope of access and use as much as possible.
When buying land, it is essential to do a disclosure of easements before closing. At the very least, a title search should be performed to identify any existing easements. If detriment can be caused to the buyer due to existing easements, the seller must make sure the buyer is aware of them. If land is sold without disclosing its easements, the buyer can seek legal remedies for any lost value due to the easement’s presence.
In conclusion, an easement in gross is an interest in land separate from the property itself and granted to an individual or a legal entity. This type of easement grants specific rights such as a right of way or access to another's land and is typically found in instances where utilities need to place public infrastructure on private land. Because an easement in gross can reduce the value of the land, performing a title search and disclosure of easements are essential before buying land.