🔎 What Is an Easement in Gross in Real Estate?

An easement in gross is a legal right that allows a person, company, or government entity to use someone else’s property for a specific purpose. Unlike an appurtenant easement, which benefits another piece of land, an easement in gross benefits an individual or organization—not a property.

How an Easement in Gross Works

Easements in gross give limited rights to access or use part of a property for a defined purpose. These rights do not transfer to new property owners unless the easement agreement allows it—though many utility easements remain permanently in place.

Common examples of easements in gross include:

  • Utility lines for electric, water, cable, or gas companies
  • Sewer, drainage, or stormwater access areas
  • Railroad or pipeline access corridors
  • Telecommunications or fiber-optic easements
  • Personal access rights granted to an individual (not tied to land ownership)

Because easements in gross do not attach to a benefiting property, there is no dominant estate. Only the property burdened by the easement—called the servient estate—is affected.

Why Easements in Gross Matter

For Property Owners:

  • Explain why utility companies or government agencies may access your property
  • Affect where you can build fences, pools, additions, driveways, or sheds
  • Help avoid setbacks, violations, or costly structure relocations
  • Often remain in place even after the property is sold

For Buyers:

  • Reveal limitations on land use
  • Identify legal rights granted to utility providers or other entities
  • Impact long-term development or expansion plans
  • Show up on title reports, surveys, and municipal records

For Sellers:

  • Must disclose known easements that affect property use
  • Help prevent disputes or misunderstandings during escrow
  • Increase buyer confidence through transparency

Example of an Easement in Gross

A city utility company has an easement in gross across a homeowner’s backyard.

  • Workers may enter the property to install, repair, or maintain equipment
  • The homeowner cannot build permanent structures on the easement strip
  • The easement remains regardless of who buys or sells the home
  • No other parcel of land benefits from the easement

Why Easements in Gross Matter for FSBO Sellers

  • Buyers often ask about utility access and land-use restrictions
  • Disclosing easements early helps prevent deal delays
  • Survey reports can clarify easement boundaries for buyers
  • Transparency increases trust and improves offer quality

A clear understanding of easements helps FSBO sellers avoid legal issues and negotiate confidently.

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