What is an easement in gross?

An easement in gross is a type of property right that gives an individual or entity the right to use the land of another without having to physically occupy the land. Easements in gross are most often used when one party desires access across another party’s land for a certain purpose, such as a utility company needing access to lay down power lines. In Virginia, easements in gross are generally created orally or in writing, or in some cases, by a court order. The key feature of an easement in gross is that it is a type of “profit a prendre” – a right to take something from the soil of another, such as minerals, timber, or game, or take an action, such as using a right-of-way. It differs from other types of property rights since it is granted to an individual and not to an estate or land. This makes it unique because it is not tied to the ownership of a particular parcel of land; rather, the easement in gross gives the holder certain rights that do not depend on their ownership of a certain property. The holder of the easement in gross also has fewer responsibilities when compared to the holder of other types of property rights. For example, they do not need to pay taxes on the use of the land or maintain the land for the benefit of others. The grantor of the easement in gross, however, still retains the right to possess, use, and exclude others from the land.

Related FAQs

What rights do tenants have?
What rights does a tenant have under a lease?
What is a title insurance policy?
What is a deed of partition?
What is an option to purchase?
What is the difference between a leasehold and a freehold estate?
What are landlord-tenant laws?
What are the different types of mortgages?
What is the doctrine of fixtures?
What is the difference between an easement appurtenant and an easement in gross?

What is an easement in gross?

Related FAQs

Related Blog Posts