Bev owns 500 acres of timberland.She grants a nonexclusive easement in gross to Kelly.Kelly later apportions the easement by selling one-half interests to Bill and Gus, both of whom are commercial loggers.Under these facts:

Question

Quizplus · Accepted Answer

Nonexclusive easements in gross typically cannot be apportioned unless the original grant specifically allows it. Since the easement granted to Kelly is nonexclusive, she does not have the right to apportion it without Bev's consent or specific allowance in the original easement agreement. Exclusive easements in gross, on the other hand, can be apportioned because they are assignable and can be divided among several holders. The fact that Bill and Gus are commercial loggers is irrelevant to the legal ability to apportion the easement.

Bev Owns 500 Acres of Timberland