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 Vermont, 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. Vermont law acknowledges that easements in gross do not require the beneficiary to own adjacent land to the servient estate, which is the property burdened by the easement. Examples of easements in gross include the right to hunt, fish, or access a property for specific purposes. Since easements in gross are personal in nature, they typically do not transfer to a new owner if the servient estate is sold. However, it is possible for an easement in gross to be made transferable if explicitly stated in the easement agreement. The creation, transfer, and termination of easements in Vermont are generally governed by state statutes and case law, and it is advisable to consult with an attorney to understand the specific legal implications and requirements for establishing or challenging an easement in gross.