An easement in gross is an easement that benefits a particular person or entity and not a particular tract of land. The beneficiary of an easement in gross does not need to own any land adjoining the servient estate (the land that provides the use or benefit of the easement)—and often does not own any adjoining land.
For example, a rancher may grant a friend or colleague an easement in gross to come on the ranch and hunt or fish at any time. The friend or colleague may not own an adjoining property and does not need to for purposes of the easement in gross.
Easements in gross are personal or specific to a certain entity and are not transferred upon the sale of the servient estate—they do not run with the land.
In California, an easement in gross is a type of easement that benefits a specific person or entity rather than a piece of land. This means that the right to use the land, such as for hunting or fishing as in the example provided, is granted to an individual or a company rather than to the owner of a neighboring parcel. The key characteristic of an easement in gross is that it is personal to the holder and does not automatically transfer with the property if the servient estate (the land burdened by the easement) is sold. This is in contrast to appurtenant easements, which do benefit a particular piece of land and do transfer with the land. California law recognizes easements in gross, and they are typically created by a grant or an agreement, which should be in writing to comply with the statute of frauds. The terms and conditions of an easement in gross are often detailed in a recorded easement agreement.