What is the difference between an easement appurtenant and an easement in gross?

An easement appurtenant is a right held by one property owner (the dominant tenant) over another property owned by a different property owner (the servient tenant). The easement appurtenant provides the dominant tenant with a right to use the servient tenant’s property, usually for a specific purpose such as access to a necessary path or access to a water source. The easement is appurtenant because the right to use the servient tenant’s property is related to the dominant tenant’s property. An easement in gross is a right held by an individual or an entity (the dominant tenant) to use another property owned by a different property owner (the servient tenant). However, unlike an easement appurtenant, the easement in gross is not related to any specific property of the dominant tenant. Easements in gross are commonly used for commercial purposes such as allowing a utility company to lay power or phone lines across a servient tenant’s property or allowing a business or organization to access a path crossing the servient tenant’s property to reach a specific area. In California, an easement in gross is limited to a maximum period of 30 years.

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What is the difference between an easement appurtenant and an easement in gross?

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