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 Utah, an easement in gross is recognized as a personal interest in or right to use the land of another. It is typically granted for a specific purpose to an individual or entity rather than to the owner of an adjoining piece of land. This type of easement does not require the holder to own adjacent property and is not tied to any property owned by the easement holder. As such, easements in gross are not automatically transferred to new owners when the servient estate (the property over which the easement runs) is sold. They may be created for various uses, such as utility lines, access for hunting or fishing, or other personal or commercial purposes. The creation, transfer, and termination of easements in gross in Utah are governed by state statutes and case law, and they may be subject to specific terms and conditions as outlined in the easement agreement.