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 North Dakota, 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 any land they own. The holder of an easement in gross has the right to access or use the servient estate (the land burdened by the easement) for a specific purpose, such as hunting or fishing, as in the example provided. Unlike appurtenant easements, which benefit a neighboring parcel and transfer with the land if it is sold, easements in gross typically do not transfer upon the sale of the servient estate unless there is an agreement to the contrary. This is because they are considered personal to the grantee. North Dakota law would govern the creation, transferability, and termination of an easement in gross, and these matters can be complex, often requiring the advice of an attorney to navigate.