Legal English – Peter’s Pills – Lesson 59 – Appurtenent vs In gross

Legal English for Notaries - By Federnotizie

Appurtenant vs In gross

Transcript:

In Peter’s Pills 42 (“Easement vs Profit à prendre“) we discovered that in the common law system an easement is the right to use someone’s land (e.g., right of way), while a profit à prendre is the right to take something away from someone’s land (e.g., wood; grass etc) . Today we see how these two can be either appurtenant (appartenenti) or in gross (in proprio).

Appurtenant

When an easement or profit à prendre is appurtenant it runs with, or follows, the land and is binding (vincolante) on successive owners of the dominant and servient tenements (tenimenti). The appurtenant right is linked to the ownership of a specific piece of land, the dominant tenement, and it belongs to the land itself, and it is transferred with the land when it is sold or conveyed (ceduto). It cannot be registered with its own title in the land registry. For example, in the UK a right of way over a servient tenement is an appurtenant easement which may be entered as a benefit in the property register for the dominant land and as a notice in the charges register for the servient land.

In gross

On the other hand, when an easement or profit à prendre is in gross, it does not run with the land, and it is not attached to the ownership (legata alla proprietà) of any particular piece of land. It is a right which may be registered with its own title in the land registry system and which may be disposed of (ceduto) independently from any land that the holder owns (di cui il titolare è proprietario).

Examples in gross

An example of an easement in gross is when a utility company has the right to run electric power lines through property which the company does not own. Depending on how this easement was granted, the company may, or may not, have the right to transfer this easement to another company without authorisation from the owner of the land. This easement in gross may be registered in the land register with its own title.

Similarly, examples of a profits à prendre in gross are when a person has been granted fishing rights on land the person does not own or when a company has been granted mining rights (estrazione mineraria). Once again, depending on how this easement was granted, the person or company may, or may not, have the right to sell or otherwise transfer the profit à prendre to another person without authorisation from the owner of the land. Profits à prendre in gross may be registered in the land registry system with their own title.

Thank you, and see you next time for more Peter’s Pills to improve your legal English.


Read more about profits a prendre appurtenant or in gross here: “Practice guide 16: profits a prendre“.


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