Parcel A is landlocked. An 1990 easement, by reservation, granted access to the landlocked parcel over Parcel B. No dominant or servient tenents were listed and thus this easement is considered an easement in gross. It was granted to Party 1. The easement terms say that it may be assigned to others.
Later in 1995, an express appurtenant easement is granted by the owners of Parcel B to Parcel A.
Still later, Parcel A is sold. The easement in gross is not transferred to the new owners. Since the 1995 easement is appurtenant, Parcel A is not landlocked.
The easement in gross no longer benefits Party 1 as it provides access to land that they do not own.
My question is - what happens with this easement in gross now? Can they assign to someone else? Does it just die on it's own? Does the fact that it is not useful to those who it is assigned make any difference?
Later in 1995, an express appurtenant easement is granted by the owners of Parcel B to Parcel A.
Still later, Parcel A is sold. The easement in gross is not transferred to the new owners. Since the 1995 easement is appurtenant, Parcel A is not landlocked.
The easement in gross no longer benefits Party 1 as it provides access to land that they do not own.
My question is - what happens with this easement in gross now? Can they assign to someone else? Does it just die on it's own? Does the fact that it is not useful to those who it is assigned make any difference?
Transfer: Assignibility of Access Easement in Gross
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