30 October 2015
n easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B
31 October 2015
asements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
An easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company. Example: Landowner A may grant an easement in gross to a utility company, allowing the company to bury a gas pipeline across his property. Landowner A may transfer the property to Landowner B without terminating the easement. The utility company may not, however, Transfer the easement to another person or company without the landowner's consent