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 New Hampshire, an easement in gross is recognized as a type of easement that benefits a specific person or entity rather than a parcel of land. This means that the right granted by the easement is personal to the holder and is not tied to any property they own. The holder of an easement in gross has the right to access or use the servient estate (the property over which the easement is granted) for a specific purpose, such as hunting or fishing, as in the example provided. Unlike appurtenant easements, which are tied to the land and transfer with it, easements in gross do not automatically transfer when the servient estate is sold. They may, however, be transferable depending on the terms of the easement agreement and New Hampshire law. It is important to note that the creation, transfer, and termination of easements in gross can be complex and may be governed by both state statutes and case law. An attorney can provide specific guidance on how these laws apply to individual situations.