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 Delaware, an easement in gross is recognized as a personal interest in or right to use the land of another. This type of easement is not tied to the ownership of adjoining land, but rather is specific to an individual or entity. For instance, a rancher can grant a non-adjacent landowner the right to hunt or fish on their property through an easement in gross. Unlike appurtenant easements, which benefit a particular piece of land and transfer with it, easements in gross are typically not transferable when the servient estate (the property burdened by the easement) is sold, unless the easement agreement specifically provides for transferability. This means that the easement in gross is extinguished upon the death of the individual or dissolution of the entity to whom it was granted, unless it was created with the intention to survive such events. Delaware law would govern the creation, interpretation, and enforcement of an easement in gross through both statutory law and case law precedents.