An easement in gross is a legal right that allows someone to use another person’s property for a specific purpose, and this right is tied to the individual or company, not to the land itself. For example, a utility company might have an easement in gross to run power lines over private property. This type of easement remains with the person or entity even if the property is sold.
An easement appurtenant, on the other hand, is attached to a piece of land and benefits the owner of that land. This easement is permanent and stays with the property when it changes hands. For instance, if one property owner has the right to cross a neighbor’s land to access their own property, that right is an easement appurtenant.
Both types of easements create rights for property use, but understanding their differences is key for property owners, as each affects land and ownership in unique ways.
Overview of Types of Easements
Easements come in various forms, with two main types being Easement Appurtenant and Easement in Gross. These categories have unique characteristics, legal implications, and aspects related to transferability.
Easement Appurtenant
This type of easement is closely linked to owning a specific piece of land. It benefits the land itself (called the dominant estate) by granting access or usage over an adjacent property (known as the servient estate). When a property changes hands, this easement automatically transfers along with it. Usually, Easement Appurtenant involves two neighboring properties and ensures continuity in land use and access. Its inherent transferability means subsequent owners are obliged to uphold the established easement, maintaining smooth land use arrangements.
Examples of Easement Appurtenant
Appurtenant include granting a right-of-way to access a landlocked property serves as a prime instance, enabling the landowner to legally traverse another property to reach their own. Likewise, a shared driveway between neighboring lots demonstrates how Easement Appurtenant facilitates the shared use of an access route, benefiting both property owners by providing mutual access.
Easement in Gross
Unlike Easement Appurtenant, Easement in Gross doesn’t rely on adjoining properties. It provides a person or entity with a personal right to use someone else’s property for a specific purpose unrelated to land ownership. This type of easement doesn’t directly benefit a particular piece of land but serves the interests of an individual or entity. Importantly, Easement in Gross is not transferable by default unless expressly permitted in the agreement. It remains tied to the original recipient, ensuring the right stays personal and does not automatically transfer with the property.
Examples of Easement in Gross
Easement in Gross examples encompass a wide array of situations. These may entail instances such as a utility company’s access rights to private property for maintenance, ensuring uninterrupted service provision. Similarly, granting an individual a personal easement for activities like fishing or recreation on another’s land illustrates how Easement in Gross caters to individual rights unrelated to property ownership.
Transferability of Easement in Gross vs Appurtenant
Easement Appurtenant is generally transferable along with the property, ensuring continuity in easement rights between successive property owners. In contrast, Easement in Gross, unless explicitly outlined in the agreement, remains non-transferable. The specificity of the agreement determines whether the easement rights can be assigned or transferred to another party.
Easement Appurtenant vs Easement in Gross
The fundamental differences between Easement Appurtenant and Easement in Gross lie in their connection to property ownership and transferability.
Easement Appurtenant: Easement Appurtenant directly benefits the property and is transferred with the land, ensuring continuity of rights and responsibilities among successive property owners.
Easement in Gross: Easement in Gross is more personal and doesn’t necessarily tie to the property. Its transferability is limited and doesn’t automatically pass with the property unless explicitly stated.
Easement Appurtenant is presumed to be appurtenant unless expressly stated otherwise in the agreement. However, Easement in Gross requires clear language in the agreement, explicitly defining it as such. Legal norms typically assume easements to be appurtenant by default unless otherwise specified.
Getting in touch with our team at Stone & Sallus can be pivotal when dealing with complex easement matters. Legal professionals play a crucial role in maneuvering the complexities of property law, particularly concerning easements. Real estate attorneys offer invaluable expertise in drafting agreements, clarifying rights, resolving disputes, and ensuring compliance with legal obligations. Their assistance proves essential in safeguarding clients’ interests and rights in easement-related issues. Therefore, reaching out to a reputable firm like Stone & Sallus provides an opportunity to consult with skilled attorneys who can provide tailored guidance and effective legal representation for any easement-related concerns in the Los Angeles area.
