An easement in gross is a type of easement that grants a specific individual or entity the right to use another person's property for a specific purpose. Unlike other types of easements, such as easements appurtenant, which benefit a particular property, easements in gross benefit a specific individual or entity rather than a particular piece of property.
In general, there are two types of easements:
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Profit à prendre: This type of easement in gross grants the holder the right to take natural resources from the land, such as timber, minerals, or oil. For example, a landowner may grant an easement in gross to a mining company, allowing them to extract coal from the land.
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Personal easement: This type of easement grants the holder the right to use the land for a specific purpose, such as hunting, fishing, or recreational activities. For example, a landowner may grant an easement in gross to a hunting club, allowing them to use the land for hunting activities.
It's worth noting that easements in general are considered to be personal rights, and they're not inheritable. They can't be transferred or assigned to another person. They are also regarded as a burden rather than a benefit to the land.
An example of a profit à prendre easement in gross would be a landowner who grants an easement to a timber company, allowing them to cut down trees on the property. The timber company is the holder of the easement and has the right to take timber from the land, but they do not have the right to live on the land or use it for any other purpose.
A personal easement in gross would be granted by a landowner to a hunting club, allowing them to hunt on the property.The hunting club is the holder of the easement and has the right to use the land for hunting activities, but they do not have the right to live on the land or use it for any other purpose.
In conclusion, an easement in gross is a type of easement that grants a specific individual or entity the right to use another person's property for a specific purpose. It's a personal right, and it's not inheritable or transferable. There are two main types of easements in gross: profit à prendre and personal easements. Profit-to-take easements grant the holder the right to take natural resources from the land, such as timber, minerals, or oil. Personal easements grant the holder the right to use the land for a specific purpose, such as hunting, fishing, or recreational activities.
