Saturday, June 3, 2017

Easements Appurtenant & Easements in Gross : Land Investing 101

Easements Appurtenant & Easements in Gross


Easements Appurtenant exists when one parcel benefits from the easement.  The thought process behind the easement appurtenant is that a parcel of land is using an easement to their benefit, but it does not necessarily benefit the party that owns the land that is burdened by the easement.  For example, if a property owner has a path that goes over another's property so that they can access the beach; this is an easement appurtenant because while it benefits the property owner that does not have direct access to the beach, it only benefits them and the property owner with direct access to the beach gains no benefit from the easement.  Thus an easement appurtenant is said to exist when only one party benefits from the easement.  This easement is said to run with the land.  More examples of when an easement appurtenant exists when one parcel benefits from the easement. 

Easement in Gross does not benefit the property but it benefits a person or business.  The most common examples are utility companies such as the electric company having an easement in gross to run wire on the poles on another's property.  Similar, the water company could have an easement in gross to run pipe under your land to your house.  Thus it is said that an easement in gross does not benefit the property but rather a business or person.  Mor examples of an easement in gross can be found in the video below.


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