Mr. Jones had created a conservation easement on his land, conveying the conservation easement to a qualified trust. Mr. Jones still owned the land and actively farmed it as part of his ranching activities. Mr. Smith, on the other hand, had sold his land and the purchaser conveyed to him a common law Profit a Prendre covering the entirety of the ranch. Mr. Smith worried that should the landowner attempt to develop the land for condominiums, his Profit a Prendre might be imperiled.