What is the primary distinction between an easement in gross and an easement appurtenant?

The primary distinction between an easement in gross and an easement appurtenant lies in the relationship to the land and its transferability. An easement appurtenant is tied directly to the land itself, meaning that when the property is sold or transferred, the easement typically conveys with the property. It benefits a specific parcel of land, known as the dominant tenement, while imposing a burden on another parcel, referred to as the servient tenement. This connection to the property ensures that the rights granted by the easement continue even after ownership changes.

In contrast, an easement in gross does not benefit a particular piece of property but is focused on the utility or benefit to an individual or entity. A common example is a utility easement, which allows a utility company to run power lines across a property. Easements in gross may not pass with the property and can be revoked or altered depending on the terms set by the owner or as dictated by the law.

Understanding this distinction is crucial when discussing property rights and the legal implications of easements, making it clear why the connection to property transfer defines the nature of easement appurtenants specifically.