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What is an easement in gross?

On Behalf of | May 26, 2021 | Land Use |

In Florida there exists a myriad of different types of land use statutes and regulations. Some of these laws involve easements of different types. An easement generally is the grant of right of passage through or onto a parcel or real estate. For example, a city might obtain an easement to place a sidewalk for use by the general public. There are also more focused types of easements. These include what is known as an easement in gross.

Definition of easement in gross

An easement in gross is a type of easement in Florida land use law that gives a particular individual or entity the rights to enter onto or travel across a parcel of real estate. The easement does not attach to the real property itself but to that individual or entity. In other words, while a particular individual or legal entity might enjoy the right to cross or enter onto a particular piece of real estate, others do not.

Limitations of easement in gross

When an easement in gross is granted to an individual or entity, it cannot be transferred to any other individual or legal entity. If the real estate on which an easement in gross has been granted is sold or transferred in some other manner, the easement in gross ceases to exist. An existing easement in gross is deemed legal void. A new property owner would be able to extend such an easement once more but is not legally required to do so.

In Florida, an easement in gross must be in writing. A Florida real estate attorney can explain what legally is required to craft a binding, effective easement in gross.