What is an easement appurtenant, and how does it differ from an easement in gross?

• A. An easement appurtenant runs with the land and benefits a dominant parcel; an easement in gross benefits a person or entity rather than a parcel and may terminate with the owner or by terms
• B. An easement appurtenant runs with the land but does not benefit any parcel
• C. An easement in gross runs with the land
• D. An easement appurtenant always terminates when the dominant parcel is sold

Answer: (A)

Easements come in two main forms: appurtenant and in gross. An easement appurtenant is tied to land and benefits a specific parcel called the dominant parcel. The burdened land is the servient parcel. Because it’s connected to the land, it passes with ownership of either parcel and remains with the property even as owners change.

An easement in gross, on the other hand, is not tied to land at all. It benefits a person or an entity rather than a particular parcel of land, and it doesn’t run with the land. Personal gross easements typically terminate at the holder’s death, while commercial gross easements may continue or be transferable depending on the terms.

So the best way to distinguish them is: appurtenant runs with the land and benefits a dominant parcel; in gross benefits a person or entity and may terminate with the holder or under the stated terms. For example, a driveway easement between two parcels is appurtenant, while a utility company’s right to install lines on land is in gross.