Hagan v. Delaware Anglers' & Gunners' Club
Court of Chancery of Delaware
655 A.2d 292 (1995)
Relevant factsFree
Hagan and Blaisdell (plaintiffs) owned property tracing back to Mary Shallcross, whose original deed conveying land under a lake to the Delaware Anglers' & Gunners' Club (defendant) reserved a fishing right for herself, her heirs, and her assigns. Hagan and Blaisdell claimed that reservation ran with Shallcross's former property and therefore benefited them as her successors-in-title, and sued the Club to establish their right to fish the lake. The trial court ruled against them, and they appealed.
IssueFree
Whether a natural-resource easement (a profit) created in a real property transaction attaches to the land or remains a separate, personal right, based on the parties' intent.