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Real Property for Indiana Paralegals
Section 7 . 1 . 2

Appurtenant vs. In Gross

Jonathan Watson

Second, an easement may either be appurtenant or in gross. The difference between these two is:

An easement is appurtenant if it passes with the dominant tenement by conveyance or inheritance. An easement is in gross if it is a mere personal right which cannot be granted to another person or transmitted by descent.[1]

Or put a slightly different way:

(1) an easement is appurtenant if it passes (by conveyance or inheritance) with the dominant tenement; (2) an easement is in gross if it is personal to the owner of the dominant tenement.[2]

So, in other words, some easements will be in existence no matter who the owner of the dominant tenement is, while others will vanish after a certain time, such as when the dominant tenement is sold.

[1] Larry Mayes Sales, Inc. v. HSI, LLC, 744 N.E.2d 970, 973 (Ind. App. 2001).

[2] Brown at 618.

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