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 Hawaii, an easement in gross is recognized as a type of easement that benefits a specific person or entity rather than a parcel of land. This means that the right granted by the easement is personal to the holder and is not tied to any property they own. The holder of an easement in gross has the right to access or use the servient estate (the property over which the easement is granted) for a specific purpose, such as hunting or fishing, as in the example provided. Unlike appurtenant easements, which are attached to the land and transfer with it, easements in gross typically do not transfer to a new owner when the servient estate is sold, unless there is an agreement to the contrary. The creation, transfer, and termination of easements in gross in Hawaii are governed by state statutes and case law, and they may be subject to certain conditions and limitations. It is important for both the grantor and the beneficiary of an easement in gross to understand their rights and obligations under Hawaii law, and they may wish to consult with an attorney to ensure that the easement is properly established and recorded.