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Real property

easement in gross

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 Texas, an easement in gross is a type of easement that benefits a specific person or entity rather than a piece of land. This means that the right to use the land, such as for hunting or fishing as in the example provided, is granted to an individual or entity without the requirement of owning adjacent property. Texas law recognizes easements in gross, which are typically created by an agreement or deed. Unlike appurtenant easements, which benefit a particular piece of land and transfer with it, easements in gross are personal to the holder and do not automatically transfer if the servient estate (the property burdened by the easement) is sold. The rights of the easement holder in an easement in gross are generally outlined in the agreement that created the easement, and the easement may be for a specific duration or in perpetuity, depending on the terms of the agreement.

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