"In gross" refers to a situation where something is considered as a whole, without any deductions. This term is often used in legal contexts to describe rights or interests that are attached to a person rather than being linked to a specific piece of land. For example, a right of way granted to an individual is considered a right in gross.
The term "in gross" is commonly used in various legal practices, including property law and contract law. It often pertains to rights and interests that do not depend on ownership of land. For instance, easements in gross allow individuals to use another's property without owning adjacent land.
Users can manage related legal matters through forms and templates available from US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A utility company may have an easement in gross allowing it to install power lines across a private property. This right is granted to the company and does not depend on the ownership of the land.
Example 2: A fishing club may hold rights in gross to fish in a specific lake, allowing members access regardless of their property ownership. (hypothetical example)
| State | Variation |
|---|---|
| California | Recognizes easements in gross but may have specific requirements for their creation. |
| Texas | Allows for easements in gross, particularly for utility companies, with different rules for duration and transferability. |
| Florida | Generally permits easements in gross, but specific regulations may apply based on local ordinances. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Easement appurtenant | A right to use another's land that benefits a specific parcel of land. | In gross rights are attached to a person, while appurtenant rights benefit a specific piece of land. |
| License | A temporary permission to use someone else's property. | A license can be revoked, while rights in gross are typically more permanent. |
If you believe you have rights in gross or need to establish them, consider the following steps:
For complex situations, seeking professional legal help is advisable.
Rights in gross are attached to individuals, while easements appurtenant benefit a specific parcel of land.
