Easement in Gross: How It Affects Property Use? | reAlpha Mortgage

You’re buying a home, or maybe you already own one, and then you hear this term: Easement in Gross. Sounds legalistic, maybe even a little intimidating. But don’t worry, we’ve got you.

An easement in gross is a legal right that allows someone (often a utility company or municipality) to use a part of your land, even though they don’t own it. Unlike an easement appurtenant, it isn’t tied to any neighboring property. It’s a personal or corporate right that stays with the individual or company, not the land itself.

• An easement in gross grants specific usage rights to individuals or companies, separate from land ownership.
• It can impact how you use or develop your property, especially if it's utility-related.
• Easements in gross don’t transfer with land sales like appurtenant easements.
• Not all easements limit value, but some may affect resale or financing.
• Buyers should review title reports and consult professionals before closing.

If a power company has an easement in gross across your backyard, they can install and maintain power lines, even if you decide to build a garden shed there.

• Utility companies (gas, water, electricity)
• Telecom providers
• Municipalities
• Railroad companies
• Individuals (in rare cases)

Here’s the kicker: While these easements don’t give ownership, they do impact how you can use your property.

• Land use restrictions: You may be limited in building or landscaping in easement zones.
• Maintenance responsibility: Sometimes, you must maintain clear access.
• Property value: In some cases, an easement in gross can reduce resale value.
• Financing issues: Lenders may flag extensive easements during underwriting.

Pro Tip: Always request a full title search before buying any property. Easements will be disclosed there, and they’re legally binding.

Easements in gross can be granted voluntarily (e.g., a homeowner signs an agreement with a cable provider) or arise through legal processes like eminent domain. Enforcement usually comes through:

• Local jurisdictions
• Utility regulations
• Legal agreements on file with the county recorder’s office

Nope. Some are revocable, especially if they’re granted by informal or personal agreement. Others are permanent and recorded on the title.

• Exclusive vs. Non-exclusive: Who gets to use it and how?
• Revocable vs. Irrevocable: Whether you or the easement holder can cancel it?

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Before you close, pull that title report. Easements in gross aren’t hidden; they’ll show up. Here’s your pre-close checklist:

• Get a survey to physically identify easement locations.
• Talk to the title company about how the easement impacts property rights.
• Consult a real estate attorney for legal interpretation.

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An easement in gross is a legal right granted to an individual or company to use someone else’s land for a specific purpose. It does not transfer with property ownership.

Yes, some easements in gross are revocable, especially if they are personal and not recorded. However, most utility-related ones are permanent.

It depends on the use and location. Some buyers are deterred if it limits property use or visibility. Always consult with your agent and attorney.

Legally binding easements should be recorded with the county recorder’s office. Some informal ones may not be.

The landowner typically maintains the surface, but they must allow access to the easement holder as agreed.

‍Compliance Disclosure:This content is for educational purposes only and does not constitute legal or financial advice. All mortgage-related services referenced herein are subject to credit and underwriting approval. reAlpha Mortgage is a licensed mortgage lender, NMLS #1743790. Any references to home-buying platforms are made to illustrate general services available in the marketplace. reAlpha offers up to 75% buyer agent commission rebates through bundled services. Easement laws vary by state; consult with a licensed professional in your area.

• Visit reAlpha Mortgage to explore smarter mortgage solutions.
• Learn more about real estate strategy at realpha.
• Share this guide with a fellow homebuyer or investor.

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