What Is an Easement in Gross?
An easement in gross is a right to use another person's property that benefits a specific person or entity, rather than benefiting a neighboring property. The most common example is a utility easement: the power company has the right to install and maintain power lines across your property regardless of who owns the neighboring parcels.
Unlike an easement appurtenant, there is no dominant estate. The easement benefits the easement holder personally or commercially, not a specific property.
Common Examples in Florida
- Utility easements — FPL, Duke Energy, water and sewer utilities, cable, and telephone companies hold easements in gross to install, maintain, and access their infrastructure.
- Pipeline easements — Gas and petroleum pipeline companies hold easements in gross across multiple properties.
- Conservation easements — Under Section 704.06, Florida Statutes, a landowner grants a conservation easement to a government agency or land trust to permanently restrict development on the property.
- Personal use easements — A property owner grants a specific person (not a neighboring property owner) the right to fish, hunt, or cross the property.
Key Differences from Easement Appurtenant
- Transferability — Commercial easements in gross (utility easements) are transferable. Personal easements in gross generally are not and expire when the holder dies.
- No dominant estate — An easement in gross benefits a person or entity, not a property.
- Runs with the servient estate — The easement binds future owners of the burdened property, but it does not automatically transfer to a new holder.
Easements in Gross and Title Insurance
Utility and other recorded easements in gross are identified during the title search and listed as exceptions on the title insurance policy. Most residential properties in Florida have at least one utility easement in gross shown on the plat map.
Related Terms
- Easement Appurtenant — Benefits a neighboring property
- Encumbrance — Easements are non-financial encumbrances
- Plat Map — Shows utility easement locations
- Survey — Identifies easement locations on individual parcels
Barnes Walker Easement Services
Barnes Walker's attorneys draft, review, and litigate easement in gross issues for property owners and utility companies. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 704
Governs the creation, scope, and termination of easements in Florida, including easements by necessity and prescription.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC