real-estate-blog

Appurtenant Easement vs Easement in Gross

In general, there are two different types of easements that can be created by express grant – either an appurtenant easement or an easement in gross.  An appurtenant easement is an easement that runs with the land – meaning it is meant to be binding on successive owners of the dominant and servient tenements. In layman’s terms, this means that one property is meant to be the beneficiary of the easement and the other property owner is meant to be burdened by the easement.  An easement that runs with the land lasts forever unless the two simultaneous property owners agree, in writing, to cancel it.    Of course, there are other ways to extinguish an easement but that are not covered in this post.

In contrast, an easement in gross is a personal easement that necessarily does not run with the land. That means the owner of the easement owns the personal right to use the easement but that right does not pass to future owners. An example of an appurtenant easement would be an easement for having the rights of pasture, fishing and taking game.

The law provides that if an easement does not state the specific the type of easement that it is, then it is presumed to be appurtenant. Schmidt v. Bank of America 223 Cal.App.4th 1489,1499.

Over that past decade, our Los Angeles based easement attorneys have done extensive easement work that has allowed us to gain insight into the various types of easements that can be created.   We have also extensively litigated competing easements claims throughout Los Angeles, in the Hollywood Hills, Brentwood, Palos Verdes and throughout Southern California.

To inquire about a free consultation regarding your easement matter, contact us at (310) 954-1877, or you can email info@schorr-law.com. We also have a Contact Form that you can fill out.

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