Easements Appurtenant and In Gross

Question 1

What is an Easement Appurtenant?

Answer 1

Is an easement over the servient parcel that benefits the dominant parcel

Question 2

What is an Easement in Gross?

Answer 2

When the easement over the servient parcel is for the benefit of a person (human or corporate) w/o reference to his ownership of land

ex: utility & cable companies

Question 3

How do you determine if it is an Easement Appurtenant or in Gross?

Answer 3

1. It is appurtenant if the intended benefit was intended to flow to an adjacent owner BECAUSE she is the owner
2. If it is intended to flow to her personally. it is an easement in gross, even though she owns adjacent land
3. If unclear, look to the intention of the parties at the time of creation