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 Colorado, an easement in gross is recognized as a personal interest in or right to use the land of another. It is specific to an individual or entity rather than tied to any land they own. This type of easement does not require the holder to own adjacent property and does not automatically transfer with the property if the servient estate (the land burdened by the easement) is sold. The easement in gross can be for various uses, such as access for hunting or fishing as in the example provided. The creation, transfer, and termination of easements in gross can be subject to specific conditions and are typically governed by written agreements. It's important to note that while easements in gross do not run with the land, they can still be inheritable or assignable if the easement agreement allows for such a transfer. Colorado law may also distinguish between commercial and non-commercial easements in gross, with commercial easements more likely to be transferable.