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 Illinois, an easement in gross is recognized as a personal interest in or right to use the land of another. It is created for the benefit of a specific person or entity rather than for the benefit of a particular piece of land. This means that the holder of an easement in gross does not need to own property adjacent to the land subject to the easement. Easements in gross can be used for various purposes, such as utility lines, access rights, or recreational uses like hunting or fishing as mentioned in the example. Unlike appurtenant easements, easements in gross typically do not transfer automatically with the sale of the land (servient estate). However, commercial easements in gross can be assignable and may transfer under certain conditions. The creation, transfer, and termination of easements in gross in Illinois are governed by state statutes and case law, and the specific terms of the easement agreement will also play a crucial role in determining the rights and obligations of the parties involved.