Easements in gross are a common legal concept that property owners encounter when buying or selling land. An easement in gross is a type of easement that grants someone the right to use a specific part of a property without the ownership of the property itself. If you’re a property owner, it’s important to understand easements in gross, their benefits, and their potential drawbacks. In this article, we’ll go over everything you need to know about easements in gross, including what they are, how they work, and what to consider before granting or receiving one.
What is an Easement in Gross?
An easement in gross is a type of easement that grants someone the right to use a specific part of a property without owning the property itself. Unlike other types of easements, easements in gross don’t involve a dominant estate, meaning the easement holder doesn’t own any adjacent land that benefits from the easement.
Someone can grant easements in gross to individuals or organizations. Such as utility companies, government entities, or even neighboring property owners. The easement holder has the right to use the specific part of the property outlined in the easement agreement for a specific purpose.
How Does an Easement in Gross Work?
An easement in gross gives the easement holder a specific right to use a part of the property without actually owning it. For example, a utility company may be granted an easement in gross to run power lines across a property. This gives the utility company the right to use a specific portion of the property to access the power lines and perform maintenance.
The property owner still owns the land and has the right to use it in any way that doesn’t interfere with the easement holder’s rights. The easement holder can’t use the property for anything other than the purpose outlined in the easement agreement.
Benefits of an Easement in Gross
Easements in gross can provide several benefits to both the property owner and the easement holder. Here are some of the benefits of an easement in gross:
Access to Essential Services: If a utility company is granted an easement in gross to install power lines, property owners can benefit from reliable access to electricity. This is especially important for rural or remote properties that may not have access to essential services.
Increased Property Value: An easement in gross can increase the value of a property by providing essential services or access to amenities that otherwise wouldn’t be available.
Shared Maintenance: In some cases, an easement in gross may involve shared maintenance responsibilities. For example, if a property owner grants an easement for a shared driveway. Both parties may be responsible for maintaining the driveway.
Drawbacks of an Easement in Gross
While easements in gross can provide benefits, there are also some drawbacks that property owners should consider. Here are some potential drawbacks of an easement in gross:
Limited Use of the Property: Once an easement in gross is granted, the property owner’s use of the specific portion of the property outlined in the easement agreement may be restricted.
Difficulty Selling the Property: Easements in gross can potentially make it more difficult to sell a property. Prospective buyers may be hesitant to purchase a property with an easement. Especially if it limits their ability to use the property in the way they desire.
Disputes with Easement Holders: Disputes can arise if the easement holder uses the property in a way that wasn’t agreed upon in the easement agreement. This can lead to legal battles and potential damage to the property.
Types of Easements in Gross
There are two types of easements in gross: commercial easements and personal easements.
Commercial Easements: Commercial easements are granted to businesses or organizations.
Personal Easements: Personal easements are granted to individuals.
How to Create an Easement in Gross
Creating an easement in gross involves drafting an easement agreement that outlines the specific portion of the property being granted. The purpose of the easement, and any restrictions on the use of the property. Recording the easement agreement with the local government ensures its legally binding.
It’s recommended to consult with a real estate attorney. When drafting an easement agreement to ensure all legal requirements are met.
How to Terminate an Easement in Gross
Easements in gross can be terminated in several ways, including:
Expiration: The easement agreement may specify a specific expiration date.
Abandonment: If the easement holder stops using the property for the purpose outlined in the easement agreement. The easement may be considered abandoned.
Mutual Agreement: Both the property owner and the easement holder can agree to terminate the easement.
Easements in Gross vs. Other Types of Easements
There are several types of easements, including easements in gross, easements appurtenant, and prescriptive easements.
Easements Appurtenant: Easements appurtenant involve a dominant estate, meaning the easement holder owns adjacent land that benefits from the easement. Someone granted a property owner an easement appurtenant to access a nearby river.
Prescriptive Easements: Prescriptive easements are acquired through continuous use of the property for a certain period of time. For example, if a neighboring property owner continuously uses a shared driveway for 20 years. They may be able to acquire a prescriptive easement to use the driveway.
Easement in Gross Examples
Here are some examples of easements in gross:
- A utility company is granted an easement in gross to run power lines across a property.
- A neighboring property owner is granted an easement in gross to access their property through a shared driveway.
- A government entity is granted an easement in gross to build a road across a property.
Common Easement in Gross Disputes
When the easement holder uses the property in a way that wasn’t agreed upon in the easement agreement, disputes can arise. Here are some common easements in gross disputes:
- The property owner granted a utility company an easement in gross to run power lines across the property.
- The property owner granted a neighboring property owner an easement in gross to access their property through a shared driveway.
- The property owner granted a government entity an easement in gross to build a road across the property.
Conclusion
An easement in gross is a legal agreement that grants an individual or organization the right to use a portion of another person’s property for a specific purpose. While there are benefits to creating an easement in gross, such as providing access to a utility company or neighboring property. There are also potential drawbacks, including limited use of the property and difficulty selling the property. It’s important to draft a legally binding easement agreement. To ensure all legal requirements are met, a real estate attorney is consulted by them. Mediators or legal actions can often resolve disputes that arise.