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 Arkansas, 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 any adjoining land, meaning that the holder of the easement in gross does not need to own property adjacent to the land subject to the easement. It is created for the benefit of a specific person or entity rather than for the benefit of a particular parcel of land. Easements in gross can be used for various purposes, such as utility lines, access for hunting or fishing, or other personal uses. Under Arkansas law, easements in gross are typically non-transferable and do not automatically pass with the sale of the land (servient estate). However, they can be transferred or assigned if the easement agreement expressly allows for it. It's important to note that the creation, transfer, and termination of easements in gross may be subject to specific statutory requirements and case law in Arkansas.