What is an easement in gross?

An easement in gross is a specific type of property right that allows a person or organization (the grantee) to use land owned by another person or organization (the grantor) without possession of the land. In Washington, an easement in gross grants a grantee the right to use property, such as a right-of-way or a utility easement, without actually taking possession of the land. This type of easement is not attached to the land, and grants the grantee the exclusive right to use the land within the boundaries of the easement. An easement in gross is different from an easement appurtenant in that an easement appurtenant is attached to a specific tract of land. This means that when the property is transferred, the easement will stay with the property and be transferred with it. In contrast, an easement in gross does not transfer with the land and does not “run with the land”. This means that if the land is transferred, the easement will not go with the new owner. Easements in gross are common in Washington, where they are used to provide access to resources such as utilities, waterways, or other public services. Easements in gross can be permanent or temporary, depending on the situation. For example, an easement in gross may grant access to a temporary utility pipeline or a right-of-way for a construction project.

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