Each easement agreement is unique, but every easement typically falls into one of two categories. There is the easement appurtenant and the easement in gross. Easement appurtenant agreements tend to be a little more common here in the United States, but easements in gross are also quite common in the world of commercial real estate. To help you better understand this lesser-used easement agreement, we take a closer look at easements in gross in today’s blog.
What Is An Easement In Gross?
An easement in gross grants legal rights to an individual or an entity like a business to use another person’s property for a specific purpose. This structure makes it very different from an easement appurtenant, which is tied to the land itself. This type of agreement means that the access rights remain with the individual or business in the event that the servient property is ever sold.
Examples Of An Easement In Gross
Let’s use a couple of examples to better showcase how an easement in gross may be used:
A farmer may have an easement in gross with a utility company that has constructed electrical poles on his property. The easement in gross allows utility company employees to access the farmer’s property for a specific purpose, like maintaining or repairing equipment.
A landowner may grant an easement in gross to a friend or neighbor so that they can hunt or fish on their property. This agreement means that the benefitted individual may only access the property for those specific endeavors. In many instances, it’s wise to put these types of agreements in writing so that there is no confusion down the road about who can access your land and for what purpose.
Conversely, an easement appurtenant is an agreement that is tied to the land and not a specific individual. For example, let’s say that you and your neighbor Phil have a shared driveway. An easement appurtenant is likely in place that allows Phil to use the driveway that is on your land in order to reach his house. The agreement revolves around the land so that in the event that Phil moves or passes away, the new owner would still have those same access rights.
If you’re wondering which type of easement agreement is right for your commercial business or your property, connect with the team at Commercial Partners. We’ve helped countless individuals develop easement agreements for their unique situation, and we can do the same for you. For more information or for assistance with another matter in the world of commercial real estate, pick up the phone and call the team at Commercial Partners today at (612) 337-2470.