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 Connecticut, an easement in gross is recognized as a personal interest in or right to use the land of another. It is specific to the individual or entity granted the easement and does not require the holder to own adjacent property. This type of easement is typically used for utilities, access, or recreational purposes, such as hunting or fishing, as in the example provided. Unlike appurtenant easements, which benefit a particular piece of land and transfer with it, easements in gross are not automatically transferred when the servient estate (the property over which the easement runs) is sold. The transferability of an easement in gross can vary and may depend on the terms of the easement agreement or on state law. In some cases, commercial easements in gross can be assignable or inheritable, while personal easements in gross typically terminate upon the death of the holder or upon the sale of the servient estate, unless the easement agreement provides otherwise.