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 Pennsylvania, 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 property they own. For instance, if a rancher allows a friend the right to hunt or fish on their property, this privilege is an easement in gross. The friend does not need to own adjacent land to exercise this right. Unlike appurtenant easements, which are tied to the land and transfer with it, easements in gross typically do not transfer to a new owner when the servient estate is sold. However, commercial easements in gross, which are for business purposes, may be transferable in Pennsylvania. The creation, transfer, and termination of easements in gross are subject to state statutes and case law, and it is advisable to consult with an attorney for specific legal guidance regarding such easements.