An easement in gross is a legal right for another person or party to carry out some form of activity or pass over another person’s land but is not a possessory right. For example, rights of way or water rights.
Easements generally involve burden (previously servient) and benefit (previously dominant)tenements.
A burden tenement is the lot that owns the land over which the easement passes. A benefit tenement is the lot that has the right to pass over or access the land over which the easement passes.
An easement passes with title ownership and continues to benefit any successors in title to that land.
In the drawing below, Property A has created a right of way easement over their land in
favour of Property B.

The easement on the record of title which is the benefit tenement will be identified as “Appurtenant hereto …”.
Where the easement relates to the burden tenement, the interest may record it with the statement “Subject to …”.
In other cases, it may just say “Easement as to …” or similar.
An ‘easement in gross’ relates to public utilities, such as power, water supply and drainage, which has no benefited tenement, but does have a burden tenement.

Certificate of title with easement annotation.

Survey plan showing the drainage easement

Our Tips and recommendations

• Check on the title whether there are any easement issues
• If easement issues apply, check the conditions of the easement
• It is common for properties to have one or more easements recorded on the
  title for the provision of public services, such as electricity and gas, water,
  drainage, sewage, telecommunications and so on. It is important to know the
  location of such easements, especially if there are plans to develop or redevelop
  the property. Some easements impose restrictions on building, because of the
  requirement to access the public services for repairs and maintenance by the
  relevant authority
•  It is important to remember that not all rights of way are shown on the record
  of title, and that the survey plan will need to be consulted in such situations
• Other types of easements may not be recorded on the record of title; for
  example, old drainage easements, though they may appear on district, city, or
  unitary plan maps
• Some easements are general or common law, such as an easement protecting
  against the undermining of a neighbour’s property. These easements are not
  registered on individual records of title, because they are universal concepts
• Point out any easements to prospective purchasers and recommend that they
  speak with their solicitor who can obtain a copy of the document creating the
  easement and explain in detail what it means to the purchaser