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  1. #1
    Join Date
    Jul 2010
    Posts
    20

    Default Duration of an Easment In Gross

    The State of South Carolina:

    A certain Tract of Land bordered by two land owners and River. My right of way splits two land owners line and comes off a county maintained dirt road.
    Problems with one of the land owners some fifteen years ago put me in court defending the right of way. Was granted an easement in gross with certain names attached with right to use.

    My Question:

    After the demise of the names attached to the easement will it have to be defended again?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: An Easement Ingross

    Quote Quoting jabezpryer
    View Post

    After the demise of the names attached to the easement will it have to be defended again?
    an easement in gross benefits an individual or a legal entity, rather than a dominant estate. The easement can be for a personal use (an easement to use a boat ramp) or a commercial use (an easement to a railroad company to build and maintain a rail line across property). Historically, an easement in gross was neither assignable nor inheritable, but today commercial easements are freely alienable.
    that is a wiki quote. Not the best place for all information but that is a good explanation.

    so, if the easement is granted to a specific person and there is no language that would continue it after that persons death, then the easement ceases to exist at that time. If some other person wanted an easement, they would have to be granted one either by you or the courts.

  3. #3
    Join Date
    Jul 2010
    Posts
    20

    Default Re: Duration of an Easment In Gross

    Just to be certan:

    Should the remaining persons named in the easement, create documentation in their estate planning/Will, to leave priviledges to the easement in gross or have legal papers drawn to pass on the priviledges to family members?

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