I ask this as an inquiry into the validity of the logic behind the currently accepted answer to Do you still pay 10x the dice when getting the chance card that takes you to the nearest utility if the property is mortgaged?. The argument is made that such a concept exists, which I challenged in another answer. Does anyone know of any antecedents for such an interpretation, and in particular if they date to before World War 2?
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If my electric company is bankrupt, I still have to pay for electricity if I use it. A bankrupt electric company probably isn't going to shut off service to all its customers.– Peter ShorCommented Oct 26, 2015 at 10:13
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@PeterShor: That would seem to be fundamental to the distinction between "real" property and "other" property. If the electric company is bankrupt (or otherwise mortgaged), the payment would go to the holder of the mortgage rather than to the holder of the real property.– Pieter GeerkensCommented Oct 26, 2015 at 10:16
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@PieterGeerkens - In the US the payment would go to the "receiver", who was appointed by the court to manage the bankruptcy. He would determine how much goes to the creditors and how much is spent on current operations.– Hot LicksCommented Oct 26, 2015 at 11:59
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There is always "lease", of course.– Hot LicksCommented Oct 26, 2015 at 12:00
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What does bankruptcy have to do with this? You can be the bankrupt holder of an unmortgaged property or the solvent holder of mortgaged property.– deadratCommented Dec 26, 2015 at 8:40
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3 Answers
There still exists, in legalese, a term which means "right to extract value from the land" without conveying any right or title to the land itself¹.
From Duhaime's Law Dictionary, for example:
Profit à Prendre:
A [right] which resembles an easement and which allows the holder to enter the land of another and to take some natural produce such as mineral deposits, fish or game, timber, crops or pasture.
That is, you are permitted to profit from the land, without owning it.
This is the right you're paying for when, eg, you purchase a fishing or hunting license from the state or department of parks (some such licenses directly employ this bit of legalese, as a term of art).
¹ I learned of this term while researching the related question about "pond lords".
answered Mar 25, 2016 at 15:25
The situation you describe would be more like a toll:
a small amount of money that you have to pay to use a road, cross a bridge, etc. (-- Cambridge Dictionaries Online)
The money is paid as a fee for passage across the property, which seems relevant to the board game in question. This usage dates from the 15th Century, according to etymonline.com.
(Edit to add a nod to the modern usage relating to utilities, particularly telephony).
Perhaps a toll, as JHCL said, or a levy, rate, charge or fee. If it's going across land, and the payment is for such, 'toll' would be the best choice. If it is for a service provided, a 'fee' may be preferable. A 'levy' or 'rate' suggests more of a tax, though it could also be a charge.
