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 Oregon, an easement in gross is recognized as a personal interest in or right to use the land of another. This type of easement is not tied to the ownership of adjoining land and is typically granted for a specific purpose, such as the right to hunt, fish, or access utilities. Unlike appurtenant easements, which benefit a particular piece of land and transfer with that land when it is sold, easements in gross are personal to the holder and do not automatically transfer upon the sale of the servient estate (the property over which the easement is granted). The creation, transfer, and termination of easements in gross can be governed by specific agreements and are subject to Oregon state law, which may include statutes and case law. It is important for both the grantor and the beneficiary of an easement in gross to clearly understand and document the terms of the easement, as these will dictate its use, duration, and transferability.