Goss v. C.A.N. Wildlife Trust, Inc.

852 A.2d 996 (2004)

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Goss v. C.A.N. Wildlife Trust, Inc.

Maryland Court of Appeals
852 A.2d 996 (2004)

Facts

Charles and Geraldine Goss (plaintiff) purchased two acres of land from Charles Deffinbaugh, which they held as a tenancy by the entirety. The deed also provided the Gosses and their guests the right to hunt and fish on Deffinbaugh’s remaining land. When Charles died, Geraldine, then the sole owner, transferred the two acres to herself and her daughter (defendant) (collectively, Goss) as tenants in common. Goss then gave a friend permission to hunt on what was formerly Deffinbaugh’s land, which had since been sold to C.A.N. Wildlife Trust (the trust) (plaintiff). The trust sued Goss, claiming that they no longer held any right to hunt on the trust’s property and could not authorize third parties to do so. The trust argued that Deffinbaugh had granted only Charles and Geraldine a license to hunt and fish on his land and a license could be revoked at any time. Alternatively, the trust argued that the hunting and fishing rights did not run with the land and could not be transferred to third parties. The trial court agreed with the trust, holding that the original deed created a non-transferrable license to hunt and fish that had since been revoked. Goss appealed.

Rule of Law

Issue

Holding and Reasoning (Krauser, J.)

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