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 Indiana, 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 property ownership. The holder of an easement in gross does not need to own land adjacent to the servient estate, which is the property burdened by the easement. Such easements are commonly used for utilities, access, or recreational purposes like hunting or fishing, as in the example of a rancher granting access to a friend. Under Indiana law, easements in gross are typically non-transferable with the sale of the servient property and do not 'run with the land.' This is in contrast to appurtenant easements, which do benefit a particular tract of land and transfer with the land when it is sold. The creation, transfer, and termination of easements in gross in Indiana are governed by state statutes and case law, and they may be subject to specific conditions or limitations as outlined in the easement agreement or by law.