A company holds the right to remove gravel from another owner’s land. What interest is this?
Correct Answer
C) A profit à prendre
A profit (profit à prendre) permits the holder to remove something from the land of another, such as soil or minerals. An easement allows use, not removal, and a license is a revocable permission.
Why This Is the Correct Answer
Option C is correct because a profit à prendre is an interest in real property that permits the holder to remove something from the land of another, such as soil, minerals, or oil and gas. Removing gravel fits this definition.
Why the Other Options Are Wrong
Option A: An easement in gross
Option A, an easement in gross, gives a right to use another's land without tying it to a neighboring parcel. An easement allows use, not removal of materials, so the gravel right is not an easement.
Option B: A revocable license
Option B, a revocable license, is merely permission that can be withdrawn and is not an interest in the land. A right to take gravel is an interest in real property, so it is not a license.
Option D: A leasehold estate
Option D, a leasehold estate, is a tenant's right to possess and use property for a term under a lease. The company holds a right to remove gravel, not possession of the land, so it is not a leasehold.
Profit means you take
An easement lets you use or cross; a profit lets you take something away, like gravel, timber or minerals.
How to use: Ask whether the holder removes something from the land; if yes, think profit à prendre.
Exam Tip
Focus on the verb in the stem. Removing points to a profit, using points to an easement, and revocable permission points to a license.
Common Mistakes to Avoid
- -Calling any right in another's land an easement
- -Confusing a revocable license with a property interest
- -Treating a removal right as a leasehold
Concept Deep Dive
Analysis
This question tests the classification of property interests. The key fact is that the holder may remove something, gravel, from another person's land. A right to remove soil, minerals or similar materials is a profit à prendre, which differs from an easement's right of use.
Background Knowledge
Interests in land include fee ownership, leaseholds, easements, profits and licenses. An easement grants a right of use, a profit grants a right to take resources from the land, and a license is revocable personal permission. Appraisers identify such interests because they can affect the rights being valued.
Real-World Application
An appraiser valuing rural land finds a recorded agreement giving a construction company the right to extract gravel from part of the parcel. The appraiser identifies it as a profit à prendre and considers its effect on the owner's rights and the property's value.
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