5.2 Easement In Gross

An express easement in gross is not appurtenant to any estate in land. It does not belong to any person by virtue of ownership of estate in other land. It is a personal interest in, or right to use, land of another and is usually created for a limited purpose and may be for a limited duration or in some instances, an easement in gross may burden land in perpetuity.

Comment 1. The character of the easement depends on the intent of the parties as drawn from the language of the deed, the circumstances existing at the time of execution and the object and purpose to be accomplished by the easement. See, Barrett v. Kunz, 604, A.2d 1278, 1280 (Vt. 1992) for general discussion.

Comment 2. Personal easements, or easements in gross, are intended to benefit only the holder. Usually, they are created for a limited purpose and a limited duration. Because a personal easement exists apart from a holder’s ownership of land, there is no dominant tenement, and the easement expires when the property is conveyed unless specifically reserved. R. Cunningham, W. Stoebuck & D. Whitman, The Law of Property, at 440, (1984). Personal easements are typically those held by utility companies, which give them access to land to erect poles and lines, but they hold no dominant estate. Barrett v. Kunz, 158 Vt. 15, 604 A.2d 1278, (1992).

History

September 2020 – Standard Added

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• 1.1 The Role of the Examining Attorney
• 1.2 The Examining Attorney’s Attitude
• 1.3 Definition of Marketable Title
• 1.4 Reference to Title Standards in Real Estate Sales Contract
• 2.1 Period of Search
• 2.2 The Concept of the Chain Of Title and Its Relationship to the Rule Of Record Notice and the Scope of the Title Searcher’s Obligation
• 2.3 Effect of the Recording of Instruments Claiming an Interest in Real Estate
• 2.4 Wild Instruments Instruments By Strangers to the Record Chain of Title
• 2.4A After-Acquired Title
• 2.5 Priority of Conveyances
• 2.6 Time When a Conveyance is Considered as Properly “Recorded”
• 2.7 Record of Expired Leases or Expired Interests
• 3.1 Perpetual Lease Land
• 4.1 Limitations on the Use By Grantor of Corrective Deeds
• 5.1 Appurtenant Easements
• 5.2 Easement In Gross
• 5.3 Implied Easement – By Plat
• 5.4 Implied Easement – By Necessity or Implication
• 5.5 Implied Easement – By Prescription
• 5.6 License
• 6.1 Grantors
• 6.2 Majority
• 6.3 Mental Capacity
• 6.4 Marital Interests
• 6.5 Powers of Attorney
• 7.1 Grantees
• 8.1 Name Variances
• 9.1 Execution and Acknowledgment
• 9.2 Execution of Court Documents Recorded in the Land Records by Electronic Signatures
• 10.1 Property Descriptions
• 11.1 Delivery
• 12.1 Conveyance By Guardian Appointed By Vermont Court
• 13.1 Conveyance by Heirs’ Deed
• 13.2 Conveyance by Devisees in Lieu of Probate Administration
• 13.4 Conveyance by Trustee of a Non-Probate Trust
• 13.3 Omitted Real Estate or Faulty Description of Closed Estate
• 14.1 Conveyance to Two or More Persons
• 15.1 Deeds Retaining Life Estates With Reserved Powers
• 16.1 Attachments and Liens
• 16.2 Judgment Liens
• 17.2 Deeds in Lieu of Foreclosure
• 17.3 Title Derived from a Foreclosure
• 17.4 The Effect Of Recording A Complaint On Subsequently Recorded Interest
• 17.5 Discharge of Mortgage Or Other Interests Following a Foreclosure Action
• 18.1 Discharges of Mortgages
• 18.2 Irregularities and Discrepancies in Discharges of Mortgage and other Documents
• 18.3 Discharges of Corrected, Re-Recorded, or Modified Mortgages
• 18.4 Effect of Failure to Discharge Assignments of Leases and/or Rent, Riders or Financing Statements
• 18.5 Discharges Involving Mortgage Electronic Registration System (MERS)
• 18.6 Effect Of Failure To Release A Multi-Town Mortgage In All Towns Where It Was Recorded
• 18.7 Home Equity Conversion (Reverse) Mortgage Loans Unreleased HUD Second Mortgage
• 19.1 Tax Collector’s Deed
• 20.1 Presumptions Applicable to Corporate Conveyances
• 21.1 The Effect of a Discharge of Debtor in Bankruptcy Court Upon Existing Secured Liens
• 22.1 Conveyances To and From Limited Liability Companies in the Chain of Title
• 21.2 Sales Fee and Clear of Liens and Interests
• 23.1 Federal General Tax Lien
• 24.1 Federal Special Estate Tax Lien
• 25.1 Federal Special Gift Tax Lien
• 27.1 Vermont Estate Tax Lien
• 28.1 Establishing Marketable Title To Interests In Real Property Owned By Failed Financial Institutions
• 28.2 Title of the Receiver of a Failed Financial Institution to the Assets of That Institution
• 28.3 Title of the Immediate Transferee of the Receiver of a Failed Financial Institution
• 28.4 Marketability of Title In a Real Estate Interest of a Failed Financial Institution for Which No Conveyance, Transfer or Assignment Appears of Record Prior to the Dissolution of the Bridge Institution Which Had Continued The Business of the Failed Institution
• 28.5 Discharges, Partial Releases, Assignments and Foreclosure of Mortgages of a Failed Institution By a Transferee of the Receiver For Such Failed Institution
• 29.1 Conveyance of Mobile Homes
• 30.1 Conveyances to and from a General Partnership in the Chain of Title
• 30.2 PARTNERSHIP HOLDING TITLE TO REAL PROPERTY
• 31.1 COMMON INTEREST COMMUNITIES
• 31.2 UNIT DESCRIPTIONS IN INSTRUMENTS OF CONVEYANCE
• 32.1 Parties in Possession and Leaseholds
• 32.2 Expired Leases
• 32.3 Terminated Leases
• 33.1 Covenants
• 33.2 Implied Covenants – Common Scheme
• 33.3 Covenants – Architectural/Design Review

• 1.1 The Role of the Examining Attorney
• 1.2 The Examining Attorney’s Attitude
• 1.3 Definition of Marketable Title
• 1.4 Reference to Title Standards in Real Estate Sales Contract
• 2.1 Period of Search
• 2.2 The Concept of the Chain Of Title and Its Relationship to the Rule Of Record Notice and the Scope of the Title Searcher’s Obligation
• 2.3 Effect of the Recording of Instruments Claiming an Interest in Real Estate
• 2.4 Wild Instruments Instruments By Strangers to the Record Chain of Title
• 2.4A After-Acquired Title
• 2.5 Priority of Conveyances
• 2.6 Time When a Conveyance is Considered as Properly “Recorded”
• 2.7 Record of Expired Leases or Expired Interests
• 3.1 Perpetual Lease Land
• 4.1 Limitations on the Use By Grantor of Corrective Deeds
• 5.1 Appurtenant Easements
• 5.2 Easement In Gross
• 5.3 Implied Easement – By Plat
• 5.4 Implied Easement – By Necessity or Implication
• 5.5 Implied Easement – By Prescription
• 5.6 License
• 6.1 Grantors
• 6.2 Majority
• 6.3 Mental Capacity
• 6.4 Marital Interests
• 6.5 Powers of Attorney
• 7.1 Grantees
• 8.1 Name Variances
• 9.1 Execution and Acknowledgment
• 9.2 Execution of Court Documents Recorded in the Land Records by Electronic Signatures
• 10.1 Property Descriptions
• 11.1 Delivery
• 12.1 Conveyance By Guardian Appointed By Vermont Court
• 13.1 Conveyance by Heirs’ Deed
• 13.2 Conveyance by Devisees in Lieu of Probate Administration
• 13.4 Conveyance by Trustee of a Non-Probate Trust
• 13.3 Omitted Real Estate or Faulty Description of Closed Estate
• 14.1 Conveyance to Two or More Persons
• 15.1 Deeds Retaining Life Estates With Reserved Powers
• 16.1 Attachments and Liens
• 16.2 Judgment Liens
• 17.2 Deeds in Lieu of Foreclosure
• 17.3 Title Derived from a Foreclosure
• 17.4 The Effect Of Recording A Complaint On Subsequently Recorded Interest
• 17.5 Discharge of Mortgage Or Other Interests Following a Foreclosure Action
• 18.1 Discharges of Mortgages
• 18.2 Irregularities and Discrepancies in Discharges of Mortgage and other Documents
• 18.3 Discharges of Corrected, Re-Recorded, or Modified Mortgages
• 18.4 Effect of Failure to Discharge Assignments of Leases and/or Rent, Riders or Financing Statements
• 18.5 Discharges Involving Mortgage Electronic Registration System (MERS)
• 18.6 Effect Of Failure To Release A Multi-Town Mortgage In All Towns Where It Was Recorded
• 18.7 Home Equity Conversion (Reverse) Mortgage Loans Unreleased HUD Second Mortgage
• 19.1 Tax Collector’s Deed
• 20.1 Presumptions Applicable to Corporate Conveyances
• 21.1 The Effect of a Discharge of Debtor in Bankruptcy Court Upon Existing Secured Liens
• 22.1 Conveyances To and From Limited Liability Companies in the Chain of Title
• 21.2 Sales Fee and Clear of Liens and Interests
• 23.1 Federal General Tax Lien
• 24.1 Federal Special Estate Tax Lien
• 25.1 Federal Special Gift Tax Lien
• 27.1 Vermont Estate Tax Lien
• 28.1 Establishing Marketable Title To Interests In Real Property Owned By Failed Financial Institutions
• 28.2 Title of the Receiver of a Failed Financial Institution to the Assets of That Institution
• 28.3 Title of the Immediate Transferee of the Receiver of a Failed Financial Institution
• 28.4 Marketability of Title In a Real Estate Interest of a Failed Financial Institution for Which No Conveyance, Transfer or Assignment Appears of Record Prior to the Dissolution of the Bridge Institution Which Had Continued The Business of the Failed Institution
• 28.5 Discharges, Partial Releases, Assignments and Foreclosure of Mortgages of a Failed Institution By a Transferee of the Receiver For Such Failed Institution
• 29.1 Conveyance of Mobile Homes
• 30.1 Conveyances to and from a General Partnership in the Chain of Title
• 30.2 PARTNERSHIP HOLDING TITLE TO REAL PROPERTY
• 31.1 COMMON INTEREST COMMUNITIES
• 31.2 UNIT DESCRIPTIONS IN INSTRUMENTS OF CONVEYANCE
• 32.1 Parties in Possession and Leaseholds
• 32.2 Expired Leases
• 32.3 Terminated Leases
• 33.1 Covenants
• 33.2 Implied Covenants – Common Scheme
• 33.3 Covenants – Architectural/Design Review

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