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 Tennessee, 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, meaning the beneficiary of the easement does not need to own property adjacent to the land subject to the easement. Easements in gross are typically created for the benefit of a specific person or entity, such as for utility companies or individuals granted access for hunting or fishing, as in the example provided. Unlike appurtenant easements, which benefit a particular piece of land and transfer with it, easements in gross are personal to the holder and generally do not transfer with the sale of the land (servient estate). However, commercial easements in gross, such as those for utilities, can be assignable and may continue beyond the original grantee. The creation, transfer, and termination of easements in gross in Tennessee 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.