Which statement describes an easement in gross?

Which statement describes an easement in gross?

• A. Benefits a specific parcel
• B. Runs with the land and benefits a specific parcel
• C. Benefits a person or entity not tied to a parcel
• D. Requires ownership of both properties

Answer: (C)

An easement in gross is a right to use someone else’s land that benefits a person or entity rather than a specific parcel. Because the benefit attaches to the holder, not to a particular piece of property, it doesn’t run with a dominant parcel. A good real-world example is a utility company’s right to install and maintain power lines across various properties—the benefit goes to the company, not to a landowner's parcel. Why this statement fits: it captures the essence that the benefit is personal to a person or entity and not tied to any parcel of land. Why the other ideas don’t fit: describing a benefit to a specific parcel points to an easement appurtenant, which is tied to land and runs with the property. Saying it runs with the land and benefits a parcel also describes an appurtenant easement. The notion that ownership of both properties is required isn’t correct, since an easement is a non-possessory interest that involves one property owner granting use to another party over that property, without requiring ownership of both parcels by the same person.

An easement in gross is a right to use someone else’s land that benefits a person or entity rather than a specific parcel. Because the benefit attaches to the holder, not to a particular piece of property, it doesn’t run with a dominant parcel. A good real-world example is a utility company’s right to install and maintain power lines across various properties—the benefit goes to the company, not to a landowner's parcel.

Why this statement fits: it captures the essence that the benefit is personal to a person or entity and not tied to any parcel of land.

Why the other ideas don’t fit: describing a benefit to a specific parcel points to an easement appurtenant, which is tied to land and runs with the property. Saying it runs with the land and benefits a parcel also describes an appurtenant easement. The notion that ownership of both properties is required isn’t correct, since an easement is a non-possessory interest that involves one property owner granting use to another party over that property, without requiring ownership of both parcels by the same person.