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 Georgia, 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, but rather is specific to an individual or entity. For instance, a landowner may grant an easement in gross to another person to allow them to hunt or fish on their property, as in the example of the rancher. Under Georgia law, easements in gross are typically non-transferable and do not automatically pass with the sale of the property (the servient estate). This means that if the property is sold, the easement in gross usually does not transfer to the new owner unless there is an agreement to that effect. 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 Georgia, and an attorney can provide guidance on these matters.