Alexander Dawson, Inc. v. Fling – Case Brief Summary (Colorado)

In Alexander Dawson, Inc. v. Fling, 155 Colo. 599, 396 P.2d 599 (1964), the Colorado supreme court held that a deed granting easement rights to boat and swim on a lake did not grant the right to fish. The court explained:

"Profits a prendre involve a greater interest than easements . . . . Rights to boat and swim . . . were merely easement rights; and a construction of the deed which would grant defendants the right to fish . . . would invest them with a greater right, a profit a prendre, a right to which they were not entitled. A right to profits a prendre must be expressly granted; the burden of an easement may not be increased by investing the holder of such easement with a profit a prendre either by implication or otherwise." (Alexander Dawson, Inc. v. Fling, supra, 155 Colo. at 603-04, 396 P.2d at 601.)