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S MN | The way I understand it: Easement in Gross = ends when sold, or either party passes. Basically between the two parties involved. Easement Appurtenant = permanent, goes with the land.
If money changes hands, Easement in Gross is treated like rental income. Easement Appurtenant gets filed at the courthouse and comes off the basis of the land for tax purposes- basically selling part of the land's value for the benefit of another party. A lot of wind easements are written as Easement in Gross, but are actually Appurtenant when looking at all the contract language.
Edited by Briarpatch 11/21/2023 08:48
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