Easement in Gross: How It Affects Property Use?

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.

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• 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?

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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