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

An easement appurtenant is a type of real estate interest which allows someone to use another party’s land for a certain purpose. In Massachusetts, an easement appurtenant attaches to a particular property, and the right granted to the holder of the easement runs with the land. This means that the easement remains in effect even if the land is sold. An easement appurtenant is beneficial to both the holder of the easement, who is granted the right to use the land, and the servient landowner, who is protected from having their land used for something other than the purpose for which the easement was granted. In contrast, an easement in gross is an easement that is not related to any particular piece of land, and is typically created to benefit an individual. The right is not transferable and will end when that individual is no longer alive or is no longer using the land. This type of easement is not beneficial to the servient landowner since they do not receive anything in exchange for the right granted to the easement holder. In Massachusetts, easements in gross must be for a specific purpose, such as allowing a utility company to access the land for the purposes of running wires or pipes, or allowing an individual to use the land to access a beach or other recreational area.

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

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