What is an easement in gross?

Prepare for the Encumbrances Test with multiple choice questions and flashcards. Each question includes hints and explanations. Ace your exam with confidence!

An easement in gross is a type of easement that grants a specific individual or entity the right to use the property of another for a specific purpose that does not benefit any particular parcel of land owned by that individual or entity. This means that the easement is tied to the person or organization rather than to a parcel of land; it persists even if the individual who holds the easement changes their primary residence or ownership of land.

For example, a utility company might have an easement in gross to run power lines across a property, allowing them access for maintenance and repair purposes without conferring any benefit to a specific piece of land owned by the utility. This is in contrast to easements that benefit a specific parcel of land, which are known as appurtenant easements, where the use of the easement is tied directly to a property owner’s land. Thus, option B accurately describes the nature of an easement in gross.

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