Legal Definitions - common in gross

Common in gross refers to a specific type of right that allows an individual or entity to use another person's land for a particular purpose, such as fishing, hunting, or taking resources like timber or minerals. The key characteristic of a "common in gross" right is that it is personal to the holder and is not tied to any specific piece of land that the holder owns. This means the right exists independently and benefits the individual or organization directly, rather than benefiting an adjacent property.

• Example 1: Fishing Rights for a Club

  A local fishing club, "The River Anglers," negotiates an agreement with a large private landowner to allow its members to fish in a specific stretch of river that runs through the landowner's property. The club itself does not own any land adjacent to the river, nor do its individual members need to own nearby property to exercise this right.

  Explanation: This illustrates "common in gross" because the right to fish is granted to "The River Anglers" (an entity) and its members personally. It is not connected to any land the club or its members own near the river. The right exists "in gross," meaning it is a personal benefit to the club, not an attachment to a dominant piece of land.

• Example 2: Timber Harvesting Rights

  A timber harvesting company, "Evergreen Lumber Co.," purchases the right to cut and remove a specific quantity of mature trees from a 300-acre private forest owned by the Thompson family. Evergreen Lumber Co. operates its business from a headquarters many miles away and does not own any land bordering the Thompson family's forest.

  Explanation: This is a "common in gross" right because Evergreen Lumber Co. holds the right to take timber from the Thompson family's land. This right is personal to the company and is not dependent on Evergreen Lumber Co. owning any adjacent property. The benefit of harvesting timber accrues directly to the company.

• Example 3: Grazing Rights for a Rancher

  Rancher Maria, who owns a cattle ranch, enters into an agreement with a neighboring large estate owner to allow her cattle to graze on a specific 50-acre pasture within the estate during certain months of the year. Rancher Maria's own ranch property is not directly adjacent to this 50-acre pasture, and the right is granted specifically to her for her livestock.

  Explanation: This demonstrates "common in gross" because Rancher Maria holds the right to graze her animals on another's land. This right is personal to Rancher Maria and her ranching operation; it is not tied to a specific piece of land she owns that would benefit from this grazing access. The right exists for her personal benefit as a rancher.