Permissions granted in the easements in gross do not transfer to the property’s new owner upon ownership transfer. As a result, a new gross contract easement is needed with the current buyer. Instead, it deals with the people involved, not with the land or property itself. Furthermore, the beneficiary is prohibited from transferring his or her rights to anybody else. The contract’s non-transferrable feature safeguards the property’s worth.
No adjoining property must be owned by or occupied by the person granted use of the property. Gross contract easements might be as large or as narrow as desired. Generally, property owners have the most say over the restrictions spelled out under an easement.
Furthermore, it restricts a property owner’s actions about the property covered by the contract. For example, some permanent buildings that could interfere with the easement holder’s access to the property may be impossible for the property owners to build.
The Beneficiary of the Gross Easement
A large easement can be used to benefit any individual or entity that wishes to do so.
According to the dictionary definition, gross easement is personal rights provided by one property owner to another person or entity.
The rights are referred to as “personal rights” since they are based on the fact that the property owner and the recipient are both individuals.
In other terms, the recipient is not permitted or authorized to transfer a large easement right to a third party without the consent of the grantor.
In actuality, easement through gross rights is non-transferable.
What matters would be that the beneficiary does not utilize easement powers so that it causes damage to the owner of the property or interferes unduly with the owner’s peaceful enjoyment of his or her rights under the easement agreement?
In a similar vein, a property owner who grants easement rights to the beneficiary should enable the beneficiary to profit from the related rights without interfering with or limiting the gross holder’s use of the rights in an unduly restrictive manner.
In Gross, The Rights Granted by an Easement
As long as the holder of easements in the gross contract does not cause unjustified hardship to the property owner, he or she is free to do whatever is expedient and necessary to take advantage of the benefits offered by the agreement.