Chapter 10 - § 10.4 • PROFITS

• Jurisdiction: Colorado

§ 10.4 • PROFITS

A profit a prendre is the right to take a part of the soil or produce of the land of another, such as the right to take timber or coal, or to fish in the waters of another.³⁶⁴

Although the Colorado Supreme Court has stated that a profit a prendre is a greater interest than an easement,³⁶⁵ it has, influenced by the Restatement, categorized a profit a prendre as an easement.³⁶⁶ The court notes the modern tendency to apply the same rules to easements of access and profits, and concludes that easements and profits are treated equally because the same public policy and practical considerations that underlie implied rights of access also underlie implied profits: a recognition that the parties do not always comply with strict rules of express conveyance, a desire to effectuate the intent of the parties, and the aim of fairness.³⁶⁷

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Notes:

^[364] Alexander Dawson, Inc. v. Fling, 396 P.2d 599 (Colo. 1964).

^[365] Id.

^[366] Lobato v. Taylor, 71 P.3d 938 (Colo. 2002) ("A profit prendre—in modern parlance, a profit—'is an easement that confers the right to enter and remove timber, minerals, oil, gas, game, or other substances from land in the possession of another.' Restatement (Third) of Property: Servitudes § 1.2(2)(1998) . . . . Thus, a profit is a type of easement." The court also refers to "easements in the form of profits." Id.).

^[367] Lobato v. Taylor, 71 P.3d 938 (Colo. 2002).