Which statement correctly describes an easement in gross?

Which statement correctly describes an easement in gross?

• A. Benefits a dominant parcel
• B. Benefits the servient tenement
• C. Automatically transfers with the servient estate
• D. Cannot be used for commercial purposes

Answer: (B)

An easement in gross is a right to use someone else’s land that benefits a person or a business, not a particular parcel of land. It doesn’t attach to a dominant parcel, unlike an easement in gross’s counterpart, an easement appurtenant, which runs with the land and benefits the owner of a specific parcel. Because it’s framed around benefiting a person or business, the easement doesn’t automatically transfer with the servient estate in the same way an appurtenant easement does, and its fate can depend on whether it’s personal (often ending with the holder’s death) or commercial (which may be transferable with the business). It can also be used for commercial purposes, such as a utility right. Among the options, the idea that describes the beneficiary as the servient tenement is mischaracterized, since the servient land is the burdened parcel, not the beneficiary. The statement about benefiting a dominant parcel describes an easement in gross incorrectly, as that describes an appurtenant easement. The notion of automatic transfer with the servient estate isn’t a defining rule for easements in gross, and prohibiting commercial use is false because commercial easements in gross exist. The key point to remember is that an easement in gross profits a person or business, not a specific land parcel.

An easement in gross is a right to use someone else’s land that benefits a person or a business, not a particular parcel of land. It doesn’t attach to a dominant parcel, unlike an easement in gross’s counterpart, an easement appurtenant, which runs with the land and benefits the owner of a specific parcel. Because it’s framed around benefiting a person or business, the easement doesn’t automatically transfer with the servient estate in the same way an appurtenant easement does, and its fate can depend on whether it’s personal (often ending with the holder’s death) or commercial (which may be transferable with the business). It can also be used for commercial purposes, such as a utility right.

Among the options, the idea that describes the beneficiary as the servient tenement is mischaracterized, since the servient land is the burdened parcel, not the beneficiary. The statement about benefiting a dominant parcel describes an easement in gross incorrectly, as that describes an appurtenant easement. The notion of automatic transfer with the servient estate isn’t a defining rule for easements in gross, and prohibiting commercial use is false because commercial easements in gross exist. The key point to remember is that an easement in gross profits a person or business, not a specific land parcel.