What is the difference between an easement appurtenant and an easement in gross?
An easement appurtenant is a type of property right in which one landowner has a legal right to use or access another landowner’s property for a specific purpose. In Washington, this type of easement must generally benefit the owner of a dominant estate, meaning the owner of the land that enjoys the benefit of the easement. The easement is connected to the land, with both the dominant and servient land being passed on if the land is sold. An easement in gross is different in that it is not tied to the land, and therefore cannot be passed on if the land is sold. This type of easement is often used when someone needs access to another’s property, but there is no benefit to the owner of the dominant estate. It is typically used to grant a specific right to a specific person, such as a utility company that needs access to the land in order to run a pipeline. Unlike an easement appurtenant, the easement in gross does not benefit the owner of the dominant estate, but typically only the person or entity granted the easement.
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