What is an easement in gross?

An easement is a legal right to use someone else's land in a particular way. Common easements are for water, power or access. An easement usually has one piece of land that has the benefit (or rights) of the easement and one piece of land that has the burden (or obligation) of the easement. An easement in gross refers to a legal right that applies for the benefit of a certain person or entity, rather than a specific piece of land.

A good example of this is a piece of land that has a Council drain running through it. The land has the burden of the easement, but it is the Council that has the benefit of the easement.

For more information on easements, contact our property team.