Legal Definitions - in gross

The legal term in gross describes a right, interest, or property that is not attached to or dependent on the ownership of a specific piece of land. Instead, it exists independently, often benefiting a particular person or entity directly, rather than benefiting them because they own an adjacent property. It signifies something that is "whole" or "undivided" in the sense that it is not apportioned or tied to a specific parcel of real estate.

• Example 1: Utility Company Easement

  A local telephone company holds an easement that allows it to install and maintain communication cables across several private properties in a new housing development. This easement is held in gross by the telephone company.

  Explanation: The right to access and use the land for installing cables benefits the telephone company directly, allowing it to provide services to the community. This right is not tied to the telephone company owning any specific adjacent property; it exists independently of land ownership, making it an interest in gross.

• Example 2: Personal Fishing Rights

  A landowner grants a neighbor the exclusive right to fish in a private pond located on their property for the duration of the neighbor's lifetime. This fishing right is granted in gross to the neighbor.

  Explanation: The right to fish benefits the neighbor personally, not because the neighbor owns a neighboring piece of land. It's a personal privilege or interest that exists independently of any real estate ownership by the neighbor, illustrating an interest held in gross.

• Example 3: Timber Rights

  A large timber company purchases the right to harvest all marketable trees from a privately owned forest over the next ten years. These timber rights are held in gross by the timber company.

  Explanation: The timber company's right to harvest trees is separate from the ownership of the land itself. The company holds this interest independently, regardless of who owns the underlying land, demonstrating that the timber rights are in gross.