Pg 35

Question 1

What is a profit?

Answer 1

The right to go onto someone else’s land and remove or sever substances from the soil or land.

Question 2

What are some examples of things that you would be able to remove from land if you had a profit?

Answer 2

Minerals, gravel, timber, coal, fish a stream, hunt wild animals, take water from a stream

Question 3

Is there a difference between easement and profit laws?

Answer 3

No, both are servitudes that are subject to the same rules

Question 4

Does SOF apply to profits?

Answer 4

Yes, because it involves an interest in land

Question 5

What are the two different ways to create a profit?

Answer 5

Expressly or by prescription

Question 6

What is a secondary easement?

Answer 6

Profits have an easement right that is either implied or express because they remove things, so the person needs access to the burdened land to reach/work/remove the thing

Question 7

What’s the difference between an easement and a profit?

Answer 7

Profits involve the right to remove something that the owner does not own, whereas an easement is the right to enter and move around

Question 8

Is it possible to have a profit in fish or game if the owner doesn’t actually own the watersource?

Answer 8

Yes, if the person captured the animal/fish/water and gained ownership, they can grant a profit

Question 9

What is a profit appurtenant?

Answer 9

The right to substances from soil on land A to be used on land B

Question 10

What is a profit in gross?

Answer 10

The right to remove a substance from soil when the holder is not limited to using it on specific land. There is no dominant estate, so the easement right cannot pass with title

Question 11

What is a license?

Answer 11

Privilege to come on land of another for some narrow purpose that is freely revocable at the will of the licensor at anytime for any reason.

Question 12

Is it required that there be some consideration for a license?

Answer 12

No, although that is allowed

Question 13

Must a license be in writing?

Answer 13

No, it can be oral because it does not involve an interest in land. It is just a privilege

Question 14

What are some examples of licenses?

Answer 14

Park your car in airport parking, buy tickets to a movie/concert, buy tickets to an amusement park. These are all short term and not perpetual rights to enter

Question 15

What is a tricky situation when it comes to licenses?

Answer 15

Sometimes they look like easements, but they are not because of SOF. Ie: neighbours agree for one to use another’s land

Question 16

What is the difference between an easement and a license?

Answer 16

If the party’s words or actions are unclear, look at the intent to see if a right in land was created. Licenses are revocable and can be oral, but easements are subject to SOF

Question 17

What is a license presumed to be?

Answer 17

Personal and nonassignable unless the instrument or surrounding circumstances show otherwise

Question 18

What are some alternative ways to create a license?

Answer 18

It can arise from a failed attempt to create an easement, from an express declaration of revocability, or when parties have created an interest that is too limited to be an easement such as a party invitation

Question 19

If someone orally grants another person a right across their property for 10 years, is that an easement or a license?

Answer 19

That is a license because in order for it to have been an easement the SOF would’ve required it to be in writing

Question 20

When is a license terminable?

Answer 20

At the will of the licensor

Question 21

Is a licensor free to terminate a license with impunity?

Answer 21

No, even though he can terminate at will that doesn’t mean he can do it without incurring liability. Even though there isn’t a property right to enforce, there can still be a breach of contract issue, especially if the licensee paid consideration to use the land

Question 22

What are the differences between an easement and license?

Answer 22

Both involve the right to use someone else’s land but for different reasons.

Profits: involves shorter time periods, freely revocable without notice or reason by one party

Easements: substantial consideration is paid, the holder can make improvements/repairs/control the land, the relationship is not terminable at the land owner’s will

Question 23

What are the two major exceptions that make a license irrevocable?

Answer 23

Estoppel and a license coupled with an interest

Question 24

How does estoppel make a license irrevocable?

Answer 24

If revocability will work an undue hardship on the party, equity estopps the servient landowner from withdrawing permission. It is still a license, it is just not revocable.

Minority view: there is no easement by estoppel because ignorance of the law is no excuse

Question 25

What is the major requirement in order for estoppel to be an exception to a license being revocable?

Answer 25

You must reasonably foresee that the user would substantially change position on faith that the right would not be withdrawn, and the user must substantially change position in reasonable reliance on that belief

Question 26

What is involved in the exception to a license being revocable when a license is coupled with an interest?

Answer 26

The license holder has a separate interest in the licensor’s land. This happens when either:
- the licensee has personal property on the licensor’s land and needs continued access, or - the licensee has a profit on the licensor’s land and needs a continued right to access the land to harvest the profit

Question 27

What is an example of when a license would be irrevocable because the licensee has personal property on the licensor’s land?

Answer 27

A has permission to keep a car in B’s garage. B then cannot revoke the license for A to come on the land to get access to his car

Question 28

What is an example of when a license would become irrevocable because the licensee has a profit on the licensor’s land?

Answer 28

C has a right to timber on D’s land, so he has a right to come onto the land to extract the timber. D cannot unilaterally revoke this right to cross the land because it would deny C of his right to the timber