Which description best defines an easement in gross?

Which description best defines an easement in gross?

• A. It benefits an adjacent parcel and runs with the land
• B. It is attached to the land and benefits the dominant estate
• C. It is a personal right that benefits a person rather than a parcel
• D. It expires with transfer of the land

Answer: (C)

An easement in gross is a personal right to use someone else’s land that benefits a person or organization rather than a specific parcel. Because it’s tied to a person or entity, it doesn’t attach to the land itself and doesn’t automatically pass with the property to a new owner. That’s why the description that fits best is a personal right that benefits a person rather than a parcel. By contrast, an easement that attaches to land and benefits a neighboring parcel is an appurtenant easement, because it runs with the land and benefits the dominant estate. The idea that it expires with transfer of the land isn’t the defining feature, since easements in gross can be perpetual or terminate in various ways depending on their nature (for example, commercial rights may survive transfer).

An easement in gross is a personal right to use someone else’s land that benefits a person or organization rather than a specific parcel. Because it’s tied to a person or entity, it doesn’t attach to the land itself and doesn’t automatically pass with the property to a new owner. That’s why the description that fits best is a personal right that benefits a person rather than a parcel. By contrast, an easement that attaches to land and benefits a neighboring parcel is an appurtenant easement, because it runs with the land and benefits the dominant estate. The idea that it expires with transfer of the land isn’t the defining feature, since easements in gross can be perpetual or terminate in various ways depending on their nature (for example, commercial rights may survive transfer).