What is the Difference Between an Easement Appurtenant and Easement in Gross?
Whether you are buying or selling real property, or you are trying to obtain or grant an easement on real property, it is critical to understand the terminology around easements and land use in New Jersey. Sometimes easements can come as a surprise if you are purchasing property and did not realize that there was an easement to consider. In other circumstances, you may be seeking an easement when purchasing property or attempting to have your property rezoned. There are many different terms to describe easements in New Jersey, and two of the terms that you may see are “easement appurtenant” and “easement in gross.” What is the difference between these types of easements, and how do they relate to or overlap with other kinds of easements that exist?
Understanding Easements in General
Easements are nonpossessory rights to land that allow one party to use land that does not belong to them for a specific purpose without them ever having ownership rights in the land. Easements are created in various ways and by various parties.
Easements are typically created when there is a need for one party to have access to another party’s real property for a specific reason. For instance, a utility company may need access to a portion of residential property to run a utility line. Or, for example, a house built on a parceled out piece of real estate without access to a road may need an easement to access the street.
Easement Appurtenant Versus Easement in Gross
When an easement is created, it can either be tied to the property (in which case it will run with the property, even if the property is sold), or it can be tied to a specific use and a particular time period, or a specific party. These are the distinctions that pertains to an easement appurtenant versus an easement in gross.
An easement appurtenant is where the easement connects two properties, and the easement generally exists regardless of who owns the property. As the Cornell Legal Information Institute clarifies, appurtenant rights or restrictions are those that run with the land (rather than with a particular party). Accordingly, if either or both of the properties are sold, the easement will still exist. With this type of easement, there is the servient estate (the property subject to the easement) and the dominant estate (the property benefiting from the easement).
An easement in gross is not connected to the property but rather to a particular person or entity, and for a particular time.
Contact Our Summit Land Use Attorneys
Land use law in New Jersey can be extremely complicated, and it is important to know that every city or municipality in the state has its own requirements for zoning and other land use matters. Whether you have questions or concerns about easements, rezoning, or any other land use matters, one of the experienced Summit land use lawyers at Dempsey, Dempsey & Sheehan can speak with you today about what you need to move forward. We have years of experience representing clients in Summit concerning residential and commercial property, real estate development, and more. Contact us to find out about how we can assist you.
Sources:
law.justia.com/codes/new-jersey/2009/title-40/40-55d
law.cornell.edu/wex/appurtenant
