Every business or company needs some kind of access to public or private property to operate. This access is typically gained through an easement or also known as an easement in gross. It is a type of agreement that gives you the right to use somebody else’s land for a specific reason. The easement holder does not own the land but they do have certain privileges that allow them to use it in a certain way.
In this article, we will be digging deep into the easement in gross and we will also look at how it works and a few examples of it. So if you are interested in learning more about Easement in Gross, this article is for you!
What is an Easement in Gross
An easement in gross is a type of legal agreement which allows an individual or company to use another person’s land for a specific purpose. This can be helpful if, for example, you need to access a piece of property that is not directly connected to your own. An easement in gross is also known as an unconnected easement.
Simply put, an easement in gross is a right to use someone else’s land that is not connected to your land in any way. The most common type of easement in gross is a utility easement, which gives a utility company the right to run power lines or water pipes across another person’s land.
How Does it Work
For an easement in gross to be valid, there needs to be a few things in place. First of all, there has to be a valid reason for the easement. This could be something like needing access to a public road or using somebody’s land for utility purposes.
Secondly, the easement must be in writing and it must be signed by both parties. This is important because it ensures that both sides understand the terms of the agreement.
Thirdly, the easement must be for a specific purpose. This means that it can only be used for the reason that it was created, and nothing else.
Fourth, the easement must be registered with the land registry. This is so that everybody knows about the agreement and so that it can be enforced.
Example of an Easement in Gross
One common example of an easement in gross is when a utility company needs to run power lines or water pipes across somebody’s land. In this case, the utility company would approach the landowner and ask for permission to create an easement.
If the landowner agrees, then a contract will be drawn up which specifies the terms of the agreement. This contract will need to be signed by both parties and registered with the land registry. Once this is done, the utility company will have the right to use the land for its purposes.
Another example of an easement in gross is when a person wants to build a driveway that crosses somebody else’s land. In this case, the person would need to get permission from the landowner before they can start construction.
As with the previous example, a contract will be drawn up which specifies the terms of the agreement. This contract will need to be signed by both parties and registered with the land registry. Once this is done, the person will have the right to use the land for their driveway.
So there you have it. In this article, we’ve discussed what an easement in gross is and how it works. We’ve also looked at a few examples to help you understand the concept. If you’re ever in need of an easement, make sure that you have a valid reason and that everything is in writing. Most importantly, don’t forget to register the agreement with the land registry.