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

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The distinction between an easement appurtenant and an easement in gross primarily hinges on the relationship to the land itself. An easement appurtenant is directly tied to a specific parcel of land, allowing the owner of that land certain rights over another parcel, known as the servient estate. This type of easement benefits the dominant estate (the property that enjoys the easement) and generally passes along with the ownership of that estate, making it an inherent part of the property.

On the other hand, an easement in gross is not dependent on any particular piece of land; rather, it is tied to a person or entity and can exist independently of any land ownership. Such easements typically do not transfer with the property and remain with the person or entity that holds the easement rights.

The other options present misunderstandings of the concepts surrounding these types of easements. For instance, while it is true that easements in gross might be granted for various reasons, stating that they benefit only the landowner is an oversimplification. Furthermore, not all easements appurtenant are necessarily used for commercial purposes, as they can also serve residential needs.

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