What is an easement in gross?

An easement in gross is a type of real estate right in California that allows one person or entity to use the land of another without a specific benefit to the land’s owner. The right to use the land usually applies to the easement holder, the holder of the right, rather than to the public or a specific user group. Easements in gross are typically given to utility companies, such as electricity or sewer, in order to access the land to maintain the necessary systems. An easement in gross is different from an easement appurtenant because the grantor of an easement in gross does not benefit from the granted easement and does not need to own the land that is subject to the easement. The holder of the easement can use the owner’s land for a particular purpose, such as to lay a sewer line, and the owner does not receive compensation from this use. The owner also does not have to use the land for the same purpose as the easement holder, and the easement holder does not have to own the land. Easements in gross are not typically created between two private parties, and they can be terminated if the conditions surrounding the easement are no longer met. Easements in gross are generally considered permanent and will continue unless they are terminated by the landowner or otherwise invalidated by law.

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