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 Louisiana, an easement in gross is recognized as a personal right granted to a specific individual or entity to use a portion of land for a particular purpose, without the requirement of owning adjacent property. This type of easement is typically non-transferable and does not automatically pass with the sale of the land (servient estate). It is established for the benefit of the holder rather than for the benefit of any land owned by the holder. Louisiana law, which is based on civil law traditions, may have unique interpretations and applications of easements compared to common law states. The creation, transfer, and termination of easements in gross in Louisiana are governed by state statutes and case law. It is important for property owners and easement holders to understand that the specific terms and conditions of an easement in gross are often outlined in the easement agreement itself, and such agreements should be drafted with the assistance of an attorney to ensure clarity and enforceability.