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Sunday, September 13, 2015

LISA VAN HORN VS. HARMONY SAND & GRAVEL, INC. A-2794-13T2


 LISA VAN HORN VS. HARMONY SAND & GRAVEL, INC.
          A-2794-13T2
In this appeal we considered whether the agreement to allow Harmony to build a quarry operation and remove gravel from property in return for royalties was a lease, as the trial court found, or a license, as the property owner argued. We determined that as the agreement between the parties, although called a lease, conveyed less than exclusive possession of the property but conveyed an interest that was alienable, assignable and inheritable for an indeterminate time, it was a profit a prendre.