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 Arizona, an easement in gross is a type of easement that provides a right to use the land of another without the requirement of owning adjacent property. This right is granted for a specific purpose to an individual or entity rather than to the owner of a neighboring tract of land. For instance, a rancher can allow a friend the right to hunt or fish on their property through an easement in gross. This type of easement is personal to the holder and does not automatically transfer to a new owner if the servient estate (the property over which the easement is granted) is sold. The rights of the easement holder are typically outlined in a written agreement, and the easement may be for a set term or in perpetuity, depending on the terms of the agreement. It's important to note that easements in gross can be commercial or non-commercial, and the rights and obligations can vary significantly based on the specific terms and conditions set forth in the easement agreement.