📅 2026 Update: Recent Changes Affecting Easements in Gross

Since the original article was published, several important changes have occurred in real estate law that can impact easements in gross. These changes address various issues, including property rights, mortgage modifications, and restrictions on property ownership. The earlier article continues further down the page, providing foundational knowledge about easements.

🏡 New Property Rights for Heirs

The Uniform Partition of Heirs Property Act was adopted by 24 states, the U.S. Virgin Islands, and Washington D.C. This act enhances the rights of heirs when dealing with property.

It provides a clearer process for partition actions, which can be especially relevant when easements in gross are involved.

🔄 Mortgage Modification Updates

In 2025, the Uniform Mortgage Modification Act was enacted in Utah and Nevada. This act allows for safe modifications of residential and commercial mortgages. It creates a defined path for borrowers and lenders to adjust terms without losing the mortgage's priority status.

Understanding these modifications is essential for anyone dealing with property easements tied to mortgages.

🚫 Removal of Discriminatory Covenants

The Uniform Unlawful Restrictions in Land Records Act passed in 2025 in Arizona, Colorado, Pennsylvania, and other locations. This act allows property owners to remove discriminatory restrictive covenants from land records. Such changes can affect existing easements, especially if they were tied to outdated or discriminatory practices.

🌏 Foreign Property Ownership Restrictions

As of August 2026, 26 states have enacted laws that restrict foreign property ownership. Eleven of these bills became law in 2026. These restrictions may impact easements in gross that involve foreign entities or individuals purchasing property.

📌 Key Changes Summary

  • 🏡 Heir Property Rights: New laws enhance rights for heirs in property partitions.
  • 🔄 Mortgage Modifications: Safe modifications are now clearer for borrowers and lenders.
  • 🚫 Discriminatory Covenants: Property owners can remove outdated restrictions.
  • 🌏 Foreign Ownership: New laws limit foreign purchases of property.

💡 Tips for Understanding Easements in Gross

Review the details of your situation with your attorney. It’s important to understand how recent changes may affect you.

🏠 Understand Your Rights

Know your rights regarding easements in gross. Check if your state has adopted the Uniform Partition of Heirs Property Act, as it can strengthen your position in property disputes.

📜 Review Title Insurance

When dealing with easements, review your title insurance coverage. This can protect you against issues like undiscovered liens or errors in public records.

⏳ Timely Recording

Make sure to record your easement documents promptly. For example, in California, you should record within 10 days to maintain priority over other claims.

📝 Use Transfer on Death Deeds

Consider using a Transfer on Death Deed (TODD) if you want to pass property easily upon death. As of early 2026, 33 states allow this option.

📞 Seek Free Help If Needed

If you're facing issues with easements, look into nonprofit legal aid services. Organizations like the Legal Aid Society offer free assistance to low-income individuals.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services met the review threshold for this topic. Instead, here are free government and nonprofit resources that can help you with easements in gross.

🥇 1. Legal Aid Society

The Legal Aid Society provides free legal assistance to low-income individuals facing property disputes. They can help you understand easements and navigate any related issues. Their services are particularly valuable for those who cannot afford legal fees.

🥈 2. State Consumer Protection Offices

Many states have consumer protection offices that offer free information and assistance. They can help you understand your rights regarding real estate transactions, including easements in gross. This resource is beneficial for anyone wanting to learn more about property rights.

🥉 3. Local Housing Authorities

Local housing authorities often provide resources for understanding property laws. They may have workshops, pamphlets, or staff available to answer questions about easements and other property matters. Their services are geared toward helping residents navigate housing issues.

4️⃣ Public Law Libraries

Public law libraries can be a treasure trove of information on property law. They often have resources about easements and related legal matters. You can access legal texts and sometimes receive help from librarians.

5️⃣ Community Mediation Centers

Community mediation centers offer services for resolving disputes without going to court. They can help mediate issues related to easements in gross, providing a less adversarial approach. These centers are particularly useful for neighbors dealing with property issues.

🔎 What to Check Before Paying for Help

  • 🔍 Verify Credentials: Ensure the organization is reputable and has qualified staff.
  • 📄 Read Reviews: Look for reviews or testimonials from other clients.
  • 💰 Understand Costs: Be clear about any potential fees before starting services.
  • 📞 Ask Questions: Don’t hesitate to ask about their experience with easement issues.

❓ Frequently Asked Questions

❓ What is an easement in gross?

An easement in gross is a legal right allowing a person to use another person's property for a specific purpose, such as utility access. It differs from other easements as it benefits an individual rather than a parcel of land.

🕒 How long does it take to record an easement?

The recording time for an easement can vary by jurisdiction. Generally, it can take from a few days to several weeks, depending on the workload of the county clerk's office.

⚖️ Do easements affect property value?

Easements can potentially impact property value. They may add value if they enhance access or utility, but they can also detract from value if they limit how a property can be used.

📜 Can easements be revoked?

Easements can be revoked under certain conditions, such as mutual agreement or if the purpose of the easement no longer exists. Each state has its laws regarding the termination of easements.

🏛️ What should I include in an easement agreement?

An easement agreement should clearly outline the rights granted, the purpose of the easement, and any maintenance responsibilities. It's essential to ensure all parties understand their obligations.

🏡 Are easements public records?

Yes, easement agreements are typically recorded and become part of the public records. This means anyone can access them to verify the existence of an easement.

⚖️ Recent Cases Related to Easements

Several recent court rulings have clarified issues related to easements in gross. These rulings help define property rights and can impact how easements are enforced.

You may want to browse more rulings on the news page for the latest updates on this topic.

End of October 2026 Update





Easements in gross, relate to a type of easement that shows no benefit to a property owner, or to the person holding the easement. The most common example of easements in gross are in the case of utility companies requiring the use of a property to provide their services. This can apply to residential property owners, as well as commercial. The rights and access granted can be above ground, or even underground, depending on the utility company.

A common example could be a new development in or around where a city is being built; this new development will require utilities to reach it. In this case perhaps new power lines will need to be raised, but the property where they would lie could be owned by others, such as buildings, or homes. In order to install these power lines, the utility company in charge of cable, electricity, or both, will request that an easement in gross be created so that they may utilize the property to install such services. Since the installation neither benefits the owner of the property where the easement lies nor the holder of the easement (utility company), this is known to be an easement in gross. 

The same can be said for a company looking to repair a gas line, or perhaps install a new one. They may need access to the area lying underneath several homes, whether the front laws of houses or driveways. In this case the company would request that an easement in gross be created to allow them access to dig the property of these individuals and install or repair the pipes underground. Once the utility company gains this easement, they will be allowed to dig the otherwise private property and commence their work. Some municipalities require that the utility company in such cases, return the property to its prior condition. 

What are Easements in Gross

For instance, if they have dug underneath a property where a lawn was present, they may be subject to replace it using sod in accordance with the owner of that property. Or if the land was part of a driveway, they may be required to refill the area where they had dug with concrete or blacktop mix, and in some cases paver stones. This guideline is only required in some areas, and only applied in those specific cases.


Easement's in gross are irrevocable and will remain so for the duration of the life of the owner. Due to the fact that an easement in gross "attaches" itself to the owner themselves, rather than the land, there is no dominant tenement in the matter. The servient tenement still remains the property on which the easement exists, such as the power lines, underground pipes, etc...