An easement appurtenant is a legal right tied to a specific piece of land (dominant estate), benefiting it while burdening another property (servient estate). This differs from an easement in gross, which benefits an individual or entity, not the land itself. Understanding these differences is crucial for buyers and investors as easements, including the legal definition of an easement appurtenant, can significantly impact property value, usage, and future development potential. Always review title reports and surveys before closing.

What Is an Easement?

An easement is a legal right to use another person’s land for a specific and limited purpose. The person or entity granted the easement doesn’t own the land—but they are legally allowed to use it in a certain way.

Easements are not always visible. They’re typically recorded in public records or property deeds and often become evident during a title search or property survey before closing.

The Two Most Common Easement Types

There are many types of easements in real estate, but the two most common are:

1. Easement Appurtenant
2. Easement in Gross

Let’s break each one down with practical comparisons and scenarios.

Easement Appurtenant (Land-Linked Easement)

Definition:

An easement appurtenant is an easement that benefits a piece of land (dominant estate) and burdens another (servient estate). The key feature here is that the easement is tied to the land itself—not to the individual owner.

Key Characteristics:

• Always involves two parcels of land: one benefiting, one burdened
• The easement is permanent and transfers with the property upon sale
• Enhances the value of the dominant estate
• Often used for access roads, shared driveways, and utility access

Real-Life Example:

Imagine you buy a property that’s landlocked—meaning it has no direct access to a public road. Your neighbor agrees to grant you an easement across their property so you can reach the street. This easement becomes appurtenant to your land, giving you and future owners the right to use that path forever.

Investor Tip:

Easements appurtenant can increase a property’s market value if they provide critical access. However, if your land is the servient estate, it may slightly reduce the value due to the burden placed on its use.

Easement in Gross (Person-Linked Easement)

Definition:

An easement in gross is not tied to a specific piece of land. Instead, it’s granted to an individual or entity, allowing them to use another’s land for a particular purpose. These easements usually do not transfer when the property is sold—unless they are commercial easements with specific assignment rights.

Key Characteristics:

• Involves only one property: the servient estate
• The easement benefits a person or company, not another property
• May be personal (non-transferable) or commercial (transferable)
• Common in utility rights, such as water lines or electric cables

Real-Life Example:

A power company has the right to access your yard to maintain electric poles. This easement doesn’t benefit any neighboring property; it simply allows the company to access and service its infrastructure. That’s an easement in gross.

Investor Tip:

Most easements in gross are non-negotiable, especially utility easements. Always factor them into your site development or land use strategy, as they can impact buildable areas or future improvements.

Easement Appurtenant vs. Easement in Gross: Side-by-Side Comparison

Feature	Easement Appurtenant	Easement in Gross
Tied to Land?	✅ Yes – runs with the land	❌ No – tied to a person or company
Transfers With Sale?	✅ Yes, passes automatically	❌ Usually no, unless commercial use
Number of Properties Involved	2 – Dominant & Servient Estates	1 – Only the Servient Estate
Common Uses	Shared driveways, right-of-way access	Utility access, billboard rights
Impact on Value	May enhance dominant estate	May reduce use of servient estate
Termination	Legal action or merger of properties	Ends with holder’s death (if personal)

Numerical Scenario: Calculating Easement Impact

Let’s say two identical lots are for sale at $300,000. One has an easement appurtenant granting driveway access over the neighboring lot; the other is landlocked.

• Lot A (with easement): Likely to retain full value or appreciate more due to permanent legal access
• Lot B (no access): Could lose up to 20% of its value, unless an easement is obtained

Now, say a third lot has a utility easement in gross running through its front 30 feet—making that space unusable for building.

• Estimated buildable area loss: 15% of lot
• Adjusted valuation: $255,000 instead of $300,000

Easements have real-dollar implications and should always be factored into your purchase decision or investment analysis.

How Easements Are Created

There are several ways an easement can be created:

1. Express Easement – Written into a deed or agreement
2. Implied Easement – Arises from long-standing use (e.g., shared driveway)
3. Easement by Necessity – Granted to prevent landlocking
4. Prescriptive Easement – Created after continuous, open, and notorious use without permission, often over 5–20 years depending on the state

How Easements Are Terminated

While some easements last indefinitely, others may end under specific conditions:

• Merger: If the same person owns both dominant and servient estates
• Release: Holder agrees to terminate the easement
• Abandonment: Non-use + clear intent to abandon (varies by state law)
• Expiration: For temporary or contractually limited easements
• Death (in gross only): Most personal easements end with the holder’s life

Why Buyers and Agents Should Care

For Homebuyers:

• Easements may affect how you can use your property or where you can build
• Always review the title report and property survey before closing
• Ask questions like:
  
  • Who benefits from this easement?
  • Is it temporary or permanent?
  • Will it impact property value or future renovations?

For Real Estate Investors:

• Easements may unlock value (e.g., access rights) or limit development (e.g., utility easements)
• Easement types can influence exit strategy, especially if buyers are sensitive to land use restrictions
• Consult a land use attorney or civil engineer during due diligence

For Real Estate Professionals:

• Help clients understand what easements mean practically
• Flag any non-obvious easements before they become buyer objections
• Coordinate with title officers and lenders to verify acceptability of layered easements

What to Do Before Closing

1. Request and Review a Title Report
   
   • Look for recorded easements, and identify whether they are appurtenant or in gross.
2. Get a Land Survey
   
   • Surveys show physical placement of easements, especially for utilities or access roads.
3. Ask for Easement Agreements
   
   • If the easement isn’t recorded in the deed, ask the seller for documentation.
4. Consider Insurance
   
   • Title insurance usually covers issues with recorded easements but not unrecorded ones. Ask your title company.
5. Consult Legal Counsel
   
   • For unusual or ambiguous easement language, legal advice can prevent future disputes.

Final Thoughts

Easements are more than legal jargon—they shape how you’ll use your property every day.

Whether it’s an easement in gross from a utility company or an appurtenant easement granting access to landlocked property, each type affects your rights, responsibilities, and resale value.

Key Takeaways:

• Easement Appurtenant: Tied to land, transferable, commonly used for access
• Easement in Gross: Tied to a person or business, not usually transferable
• Always review and understand recorded easements before closing
• Consider their impact on usability, value, and future sale