Easement In Gross: Your Questions Answered
In order to understand how an easement in gross is used, you need to define it legally. Doing so will enable you to better understand how it can affect the use of your real estate. The following questions and answers will also assist you in learning more about this type of easement.
An easement in gross gives a person the right to use the land of another person. He or she can use the land for as long as the other party owns the property or the holder of the easement is alive. For example, if the owner of a property sells an easement in gross to a friend who enjoys fishing on the owner’s pond, the friend can fish there until he or she dies or until the owner sells the real estate. An easement in gross may also be established by a utility company to run pipes over a piece of real estate. This non-possessory right makes it possible for an entity, such as a utility company, to run or maintain lines or pipes. Therefore, an easement in gross is a personal right to use another person’s real property, with limitations. By speaking to an easement attorney in San Diego, you can better clarify your easement rights.
Is An Easement In Gross The Same As An Easement Appurtenant?
An easement in gross is not the same as an easement appurtenant as each are distinguished by the properties that are involved and right-of-use. An easement appurtenant entails the use of two parcels of real estate. The parcel burdened by the easement is known as a servient estate. The parcel benefiting from the easement is known as a dominant estate. When the easement is attached to the land, it is called an easement appurtenant.
Conversely, an easement in gross only entails the use of a servient estate. As a result, a right is not attached to the land in question. Rather, a personal right, such as that of an individual or a utility, is noted instead. Therefore, an easement in gross is the personal right given to a person or entity to make limited use of real estate. You can receive more information about the differences by consulting with a San Diego easement lawyer.
Can An Easement In Gross Be Assigned?
From a traditional standpoint, an easement in gross cannot be assigned or transferred to another individual. For example, if you have an easement in gross to fish on someone’s property, you cannot assign that right to someone else. According to easement lawyers in San Diego, courts do not permit assignments for gross easements that are created for personal use.
However, the assignment may be recognized when it comes to commercial use. Therefore, a utility may be able to transfer an easement to a commercial enterprise where a merger is happening. If the easement is express, or in writing, and allows an assignment explicitly, normally the court will permit the assignment.
Who Does An Easement In Gross Benefit?
An easement in gross is created to benefit a company or person versus a parcel of land. That is why this type of easement is generally set up for public utility use.
Do Easements In Gross Have To Be Recorded?
Easements in gross do not have to be recorded, as they do not represent ownership rights. The easement may be formed by implication – meaning the creation of the easement is required for the use and enjoyment of a property. While recording the easement is not necessary, it should be documented to safeguard both parties to the agreement.
What Is The Best Way To Avoid Any Disputes?
Drawing up an easement agreement with a San Diego easement lawyer should be done to avoid disputes. Defining the duration and use of the easement should be established in writing.
What Are The Most Common Types Of Easements In Gross In The United States?
Utility company easements represent the most common types of easements in gross in the US. A utility easement makes it possible for a utility company to service part of a property or maintain equipment needed to supply utility services.
Pipeline easements are also considered common easements in gross. These kinds of easements permit pipeline companies to access buried sewer or water pipes, or service or renovate the pipes.
Another common type of easement in gross is a land conservation easement. This type of easement prevents an owner from taking actions that would affect the conservation of the land, such as extracting minerals or cutting down trees.
What Is A Nonpossessory Right And How Does It Relate To An Easement In Gross
A non-possessory right defines an easement in gross as it permits someone to use the land of another party. Therefore, this right is one that is held by a person or entity other than the individual who holds title to the real estate. The easement in gross is a personal right that allows a person or entity, who does not possess a property, to use it. You can find out more about your rights in this respect by consulting with a California easement lawyer located in San Diego.