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GLOSSARY

Profit à prendre appurtenant definition

Published by a LexisNexis Property expert

What does Profit à prendre appurtenant mean?

A profit à prendre that exists over the land it affects and which is a right attached to land owned by the owner of the profit.

A profit appurtenant is attached to land called the dominant tenement and is exercised over land called the servient tenement. The profit is registrable on the titles of both the dominant tenement and the servient tenement. The opposite of a profit appurtenant is a Profit à prendre in gross.

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Profits à prendre

This Practice Note explains what a profit à prendre is and what the different types of profits are, how they can arise and how they can be terminated and which ones are most likely to be encountered in practice. It also touches on profits à prendre in due diligence and how profits may be protected by registration at HM Land Registry.Introduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land. Examples of profits include:•parts of the land itself such as sand, peat or minerals•products growing on the land such as grass or timber—this includes grazing rights•wild animals such as fish or game The most commonly encountered profits in practice are shooting rights and fishing rights (often referred to as sporting rights).The products taken must be capable of ownership so there cannot be a profit of water (unless it is contained in a tank or other receptacle).Profits can be enjoyed as:•several profits (or profits sole) which are enjoyed by...

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