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 West Virginia, 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 use the servient estate (the land burdened by the easement) for a particular purpose, such as hunting or fishing, as in the example provided. 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, unless the easement agreement specifically provides for transferability. This is because easements in gross are considered personal rights. However, commercial easements in gross can be transferable if the easement is created for commercial purposes. The creation, transfer, and termination of easements in gross in West Virginia are governed by state statutes and case law, and it is advisable to consult with an attorney to understand the specific rights and obligations associated with such easements.