The Difference between Appurtenant Easements and Easements in Gross

For nearly two decades, Henrietta Feldman has been practicing real estate law. Originally from Massachusetts, Henrietta Feldman now leads her own law practice in Palm Beach, Florida, and handles all aspects of residential and commercial real estate transactions. 

One issue facing owners of both residential and commercial properties is an easement. Easements affect property owners’ rights by allowing someone to go onto another person’s land without having an interest in owning said property. In Florida, two types of easements exist: easement in gross and appurtenant easements.

Appurtenant easements are tied to a particular property instead of being tied to a party or person. This means the easement continues benefiting the parcel of land regardless of who owns it. The land benefiting from the easement is called the dominant estate, while the land that is affected by the easement is known as the servient estate.

Normally, this type of easement lasts forever unless the owners of both involved properties agree to cancel the easement. This agreement must be made in writing. 

Easements in gross are granted to individuals and business entities. Since these easements are not tied to specific parcels of land, the easement does not transfer to new owners when a property is sold. Further, the easement cannot be inherited, nor can it be sold to another individual.