Goss v. C.A.N. Wildlife Trust, Inc.

We are asked to decide whether the right to hunt and fish on an adjoining property owner’s land, when that right has been acquired by deed, is a “license” or a “profit a prendre.” In this instance, we conclude it is a profit a prendre.

The parties to this controversy are appellants Geraldine E. Goss and her daughter, Christine L. Franklin, who own the right to hunt and fish on a property that adjoins theirs; appellee C.A.N. Wildlife Trust, Inc. (the “Trust”), the owner of the adjoining property; and appellants Donald R. Cook and Diane L. Cook, to whom Goss and her daughter assigned the right…