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 York, an easement in gross is recognized as a personal interest in or right to use the land of another. It is specific to the individual or entity granted the easement and does not attach to any property they own. This means that the easement is for the personal benefit of the holder rather than for the benefit of any particular land they might own. Unlike appurtenant easements, which benefit a particular piece of land and transfer with it, easements in gross typically do not transfer to new owners if the property is sold. However, commercial easements in gross can be assignable and may last indefinitely, while personal easements in gross are often non-assignable and may expire upon the death of the grantee or after a certain period. The creation, transfer, and termination of easements in gross in New York are governed by state statutes and case law, and the specific terms of the easement agreement will also play a crucial role in determining the rights and obligations of the parties involved.