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 Virginia, 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, such as utility lines, access for repairs, or, as in the example provided, for recreational activities like hunting or fishing. Unlike appurtenant easements, which benefit a particular piece of land and transfer with the land if it is sold, easements in gross are personal to the holder and do not automatically transfer with the property. They are tied to the individual or entity granted the easement rather than to any land they own. The creation, transfer, and termination of easements in gross can be governed by the terms of the easement agreement and Virginia state law. It's important to note that the rights and obligations associated with an easement in gross may be subject to specific conditions or limitations as outlined in the easement agreement or by applicable state statutes.