Which is true about easements in gross versus appurtenant?

Which is true about easements in gross versus appurtenant?

• A. An easement in gross benefits a person, not a parcel of land
• B. An easement in gross runs with the land
• C. An easement in gross cannot be terminated
• D. An easement in gross requires vertical privity

Answer: (A)

An easement in gross is a property right that benefits a person or organization rather than a specific parcel of land. Because there isn’t a dominant parcel tied to the easement, it does not run with the land. That’s why this statement is true: the benefit goes to the person or entity, not to a particular piece of property. This stands in contrast to an easement in appurtenant, which attaches to a land parcel and transfers with the property. Since there’s no dominant estate in an easement in gross, it doesn’t ride along with the land, and the idea of required vertical privity isn’t applicable in the same way. Also, easements in gross can be terminated by actions like release, merger of estates, or abandonment, so they aren’t inherently perpetual. A practical example is a utility company’s right to run power lines across a landowner’s property—the benefit goes to the utility, not to any land, so it’s an easement in gross.

An easement in gross is a property right that benefits a person or organization rather than a specific parcel of land. Because there isn’t a dominant parcel tied to the easement, it does not run with the land. That’s why this statement is true: the benefit goes to the person or entity, not to a particular piece of property.

This stands in contrast to an easement in appurtenant, which attaches to a land parcel and transfers with the property. Since there’s no dominant estate in an easement in gross, it doesn’t ride along with the land, and the idea of required vertical privity isn’t applicable in the same way. Also, easements in gross can be terminated by actions like release, merger of estates, or abandonment, so they aren’t inherently perpetual.

A practical example is a utility company’s right to run power lines across a landowner’s property—the benefit goes to the utility, not to any land, so it’s an easement in gross.