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 South Dakota, 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. The easement in gross allows the holder to access the servient estate (the property over which the easement is granted) for a particular use, such as hunting or fishing, as in the example provided. Under South Dakota law, easements in gross are typically non-transferable and do not automatically pass to a new owner when the servient estate is sold. This is because they are considered personal to the original grantee unless the easement agreement specifies otherwise. It's important to note that the creation, transfer, and termination of easements in gross may be subject to specific statutory requirements and case law in South Dakota, and an attorney can provide guidance on these matters.