Profits

Question 1

A Prendre (essentially easement +)

Answer 1

• Similar to easement – includes the right to enter the land of another plus the right to take/sever something from the land (ex: timber, mud, minerals, oil, gas, wild animals – generally any natural resource)
o Hunting/fishing and water rights were more complicated (discussed infra)
o Profits are assumed to be in gross
o Right is personal to the holder (not attached to the land); but can be assigned
o Scope defined by reasonableness standard
o One stock rule applies – can only be further assigned with consent of all holders of the interest

Question 2

• St. Helen Shooting Club v. Mogle – MI (1926)

Answer 2

o F: P had agreement w/ property owner for exclusive hunting privilege; claims that D infringed on that privilege
o H: For P
 Profits are not typically exclusive, but ct. will allow profit to be used to create an exclusive right
 Odd outcome because D bought the land, but cannot hunt on his own land
 Hunting rights – can be conveyed in gross
 Assignable profit in gross does not violate public policy

Question 3

• Easement vs. profit

Answer 3

courts will look to totality of circumstances, not bound by language of the parties

Question 4

• Prescriptive Profits-

Answer 4

same criteria as prescriptive easements (like adverse possession)