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 Maryland, an easement in gross is recognized as a personal interest in or right to use the land of another. It is typically granted for a specific purpose to an individual or entity, such as utility companies for power lines or to individuals for access to resources like hunting or fishing. Unlike appurtenant easements, which benefit a particular piece of land and transfer with that land when it is sold, easements in gross are not tied to the landowner's property and do not automatically transfer upon sale of the property. They are personal to the holder and may or may not be transferable, depending on the terms of the easement agreement. The creation, transfer, and termination of easements in gross in Maryland are governed by state statutes and case law, and they may be subject to certain restrictions and requirements, such as the necessity for a written agreement for easements lasting longer than one year under the Statute of Frauds.