Property Keyed to Saxer
Millbrook Hunt, Inc. v. Smith
Edgar O. Smith (Defendant) owns a 285-acre tract of land. Defendant’s predecessor in interest entered an agreement with Millbrook Hunt, Inc. (Plaintiff), an organization promoting the preservation and perpetuation of fox hunting. The agreement granted Plaintiff the right to use the land for fox hunting for a term of seventy-five years. It also allowed the owner of the land the absolute right to develop the land and redirect the hunting paths. But upon acquiring the property, Defendant, who objected to fox hunting, ejected members of Plaintiff from performing maintenance on the fox hunting trails. Plaintiffsued, seeking a declaration that it possessed an easement over Defendant’s property and an injunction preventing Defendant from interfering with Plaintiff’s use of the easement. Defendant argued that Plaintiff possessed a revocable license rather than an easement. The Supreme Court entered judgment in favor of Defendant.
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