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What is an easement in gross used for?

On Behalf of | Oct 10, 2022 | Real Estate Disputes

An easement in gross is a right that allows individuals to use someone else’s property. It’s helpful to understand what are they used for and how they come into play if you’re in Seattle and wondering whether or not you should consider the option.

What makes an easement in gross special?

An easement in gross differs from a standard easement because it has an impact on the property owner and beneficiary. A basic easement, on the other hand, applies directly to the property.

If the owner transfers the property, it is inherited by someone else or is otherwise sold, an easement in gross contract is invalidated. Once an easement in gross is no longer valid, the new owner doesn’t have to keep to the agreement.

Under the allowance of the legal owner of the property, someone else is then able to use the property however they want. The validity of this agreement lasts until the person with legal ownership moves in or holds the property.

Who uses these contracts?

Utility companies often use easement in gross contracts. With the use of these agreements, the company is free to conduct all the necessary business to restore and maintain things like phone lines, electricity and gas. This particular type of easement in gross is often referred to as a utility easement.

Are there any drawbacks?

One limitation to bear in mind with an easement in gross contract is that only one property can be involved. Also remember that the holder of an easement cannot hand off these benefits to someone else.

An easment in gross contract makes it legal for an individual to use a property as they see fit when that property is owned by somebody else. With this type of agreement, the property owner is benefitted as an individual rather than it benefitting the property itself.