Can an easement in gross be inherited or sold in Ohio?

Question

Can an easement in gross be inherited or sold in Ohio?

Answer

An easement is a non-possessory interest in land. An easement can be created expressly, by implication, or by prescription. An easement in gross is one type of easement.

An easement in gross is an individual interest to use another’s land. By its nature, an easement in gross only contains a servient estate; there is no dominant estate as in other easements. There is no dominant estate because an easement in gross refers only to one piece of land. The most common form of an easement in gross is a commercial easement, like an easement for a utility company. An easement in gross grants a utility company permission to enter a property to make necessary repairs. However, an easement in gross can also be personal in nature.

Yes, a commercial easement in gross be inherited in Ohio. An easement in gross can also be sold in Ohio. However, personal easements in gross are usually not assignable, or inheritable in Ohio. Usually, a personal easement in gross terminates on the death of the easement owner.

Property rights are complicated. If you have questions about easement in gross be inherited in Ohio, consult a real estate attorney as soon as possible.

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