An express easement in gross is not appurtenant to any estate in land. It does not belong to any person by virtue of ownership of estate in other land. It is a personal interest in, or right to use, land of another and is usually created for a limited purpose and may be for a limited duration or in some instances, an easement in gross may burden land in perpetuity.
Comment 1. The character of the easement depends on the intent of the parties as drawn from the language of the deed, the circumstances existing at the time of execution and the object and purpose to be accomplished by the easement. See, Barrett v. Kunz, 604, A.2d 1278, 1280 (Vt. 1992) for general discussion.
Comment 2. Personal easements, or easements in gross, are intended to benefit only the holder. Usually, they are created for a limited purpose and a limited duration. Because a personal easement exists apart from a holder’s ownership of land, there is no dominant tenement, and the easement expires when the property is conveyed unless specifically reserved. R. Cunningham, W. Stoebuck & D. Whitman, The Law of Property, at 440, (1984). Personal easements are typically those held by utility companies, which give them access to land to erect poles and lines, but they hold no dominant estate. Barrett v. Kunz, 158 Vt. 15, 604 A.2d 1278, (1992).
September 2020 – Standard Added