Define: Term In Gross

A term in gross refers to a legal concept where a specific right or interest is granted to an individual without any connection to their ownership of a property. It is a personal right that does not transfer with the sale or transfer of the property.

Examples of terms in gross include easements, licenses, and personal rights to use a property for a specific purpose, such as hunting or fishing.

A term in gross is typically created through a written agreement or legal document that specifically grants the right or interest to an individual. It is important to have this agreement properly drafted and executed to ensure its validity.

In most cases, a term in gross cannot be transferred or assigned to another person unless specifically allowed in the original agreement. It is important to review the terms of the agreement to determine if such transfers are permitted.

A term in gross can be terminated in several ways, including expiration of the agreed-upon term, mutual agreement between the parties involved, or by court order if there is a breach of the terms of the agreement.

In general, a property owner cannot unilaterally revoke a term in gross unless there is a provision in the agreement allowing for such revocation. Otherwise, the property owner must abide by the terms of the agreement until it expires or is terminated by other means.

Whether a term in gross can be inherited depends on the specific terms of the agreement. Some agreements may allow for the transfer of the term in gross to heirs or beneficiaries, while others may not. It is important to review the agreement to determine the rights of inheritance.

A term in gross can be modified if all parties involved agree to the changes and the modification is properly documented. It is important to consult with an attorney to ensure that any modifications comply with legal requirements.

In general, a term in gross can be enforced against subsequent property owners if it is properly recorded and the subsequent owners have notice of the term in gross. However, the specific enforceability may vary depending on local laws and regulations.

In some cases, a term in gross can be converted into a different type of property right, such as an easement appurtenant, through a legal process known as “appurtenantization.” This process typically requires the consent of all parties involved and compliance with applicable legal requirements.