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 Idaho, an easement in gross is recognized as a personal interest in or right to use the land of another. It is specific to an individual or entity rather than tied to any land they own. This type of easement does not require the holder to own adjacent property, and it is typically non-transferable, meaning it does not automatically pass to a new owner if the servient estate (the property over which the easement is granted) is sold. The easement is created for the benefit of the holder, and its use is limited to the purposes specified in the easement agreement. Idaho law would govern the creation, transferability, and enforcement of an easement in gross, and these matters are often detailed in the written easement agreement. If the easement is intended to be permanent or transferable, this must be clearly stated in the agreement, otherwise, it may terminate upon the death of the grantee or the sale of the servient estate.