An easement in gross is a right that allows someone to legally utilize a property that someone else owns. The easement is valid until the owner of the property holds or moves into it. A property owner can allow other people to use the property according to the owner’s wishes, but the easement can only cover one property. If you live in New York, here are some things to keep in mind about easements in gross and other real estate disputes.
How do easements in gross work?
An easement in gross involves both the property owner and beneficiary. A regular easement, on the other hand, affects the property itself. If the property is inherited, sold or transferred, the easement in gross is no longer valid.
If the property is transferred to another owner, the terms approved in the original easement in gross do not pass down to the new owner of the property. The new owner must create a new easement in gross, which can reduce real estate disputes.
Rights of the beneficiary
Beneficiaries are not permitted to transfer their rights to another individual. This maintains the value of the property and can eliminate real estate disputes concerning who has the right to use the property.
The person who has been allowed to use the property does not have to live in or own property nearby to enjoy the rights of the easement in gross. The terms of the easement can be specific or broad in nature, and the owner has the most authority regarding the restrictions described in the agreement.
The easement in gross offers rights or privileges to other parties, not the property owner. The owner’s actions are also limited because of the easement. For instance, the owner may not be able to build a new structure on the property that would interfere with the beneficiary’s productivity while using the property.