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 Oklahoma, 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 adjoining property. Such easements are typically used to grant rights for utilities, access, or, as in the example provided, recreational activities like hunting or fishing. The key characteristic of an easement in gross is that it does not automatically transfer with the servient estate (the land burdened by the easement) when that property is sold. Instead, it remains with the original grantee unless it is specifically transferable by its terms. Oklahoma statutes and case law govern the creation, transfer, and termination of easements in gross, and these can be subject to specific conditions or limitations as outlined in the easement agreement or by law.