Which easement is created by a personal right to use the land of another?

Which easement is created by a personal right to use the land of another?

• A. Easement Appurtenant
• B. Easement In Gross
• C. Prescriptive Easement
• D. Express Easements

Answer: (B)

An easement in gross is created when the right to use someone else’s land belongs to a person or organization rather than to a specific parcel of land. The benefit is personal to the holder, so it doesn’t attach to or run with any land. This means it’s not tied to a dominant estate and can be limited to the individual or entity who holds it (though commercial, transferable gross easements can exist in some cases). Think of a utility company’s right to cross property to install and maintain lines, or a marina operator’s right to use a dock—the right exists for the holder, not for a particular piece of land. In contrast, an easement that attaches to land benefits a particular parcel (the dominant estate) and runs with the land, not just with a person. Easements created by a deed (express) or by long-term use (prescriptive) are other ways easements can arise, but the defining feature here is that the right is personal to the holder and not tied to a specific property.

An easement in gross is created when the right to use someone else’s land belongs to a person or organization rather than to a specific parcel of land. The benefit is personal to the holder, so it doesn’t attach to or run with any land. This means it’s not tied to a dominant estate and can be limited to the individual or entity who holds it (though commercial, transferable gross easements can exist in some cases). Think of a utility company’s right to cross property to install and maintain lines, or a marina operator’s right to use a dock—the right exists for the holder, not for a particular piece of land.

In contrast, an easement that attaches to land benefits a particular parcel (the dominant estate) and runs with the land, not just with a person. Easements created by a deed (express) or by long-term use (prescriptive) are other ways easements can arise, but the defining feature here is that the right is personal to the holder and not tied to a specific property.