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 New Jersey, 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 the holder's ownership of any adjacent land. Such easements are typically used for utilities, access, or conservation purposes. The rights granted by an easement in gross are not automatically transferred to a new owner when the servient estate (the property over which the easement is granted) is sold. Instead, whether an easement in gross is transferable or not depends on the terms of the easement agreement and New Jersey case law. It is important to note that the creation, transfer, and termination of easements in gross are subject to both statutory law and common law principles in New Jersey, and anyone involved in such matters may benefit from consulting with an attorney to understand their legal rights and obligations.