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 Washington State, 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, and it benefits a specific person or entity rather than the land itself. For instance, a rancher can grant a non-adjacent landowner the right to hunt or fish on their property through an easement in gross. Such easements are typically non-transferable with the sale of the land, meaning they do not 'run with the land.' Instead, they are personal to the holder and may terminate upon the holder's death or after a certain period, depending on the terms of the easement agreement or applicable law. Washington courts may enforce easements in gross if they are clearly established and do not overly burden the servient estate. It's important to note that the creation, transfer, and termination of easements in gross may be subject to specific statutory requirements under Washington law.