Profits à prendre

The following Property practice note provides comprehensive and up to date legal information covering:

  • Profits à prendre
  • What is a profit à prendre?
  • Types of profit à prendre
  • The right must 'accommodate' the dominant land
  • Extent of sporting rights
  • Profits likely to be encountered in practice

Profits à prendre

What is a profit à prendre?

A profit à prendre is the right to take the products of natural growth from the land of another. Examples of profits are:

  1. parts of the land itself including sand, stone, coal and minerals

  2. products growing on the land such as grass or crops—this includes grazing rights

  3. wild animals—this includes fishing rights (known as profits of piscary) and shooting rights, together often referred to as sporting rights

The products taken must be capable of ownership so that there cannot be a profit of water (unless it is contained).

Profits can be enjoyed as:

  1. several profits—a several profit or a 'profit sole' is enjoyed by one person to the exclusion of all others

  2. rights of common—the land over which a profit of common exists is classified as common land. The Commons Registration Act 1965 and the Commons Act 2006 set out rules for the registration and management of various profits relating to common land

See Practice Note: Creation and registration of common land.

Types of profit à prendre

Profits à prendre may be:

  1. Profits appurtenant—whether several or in common are annexed to an estate in dominant land. They are similar to easements and must comply with the same conditions necessary for an easement in Re Ellenborough Park:

    1. there must be a dominant and a servient tenement

    2. the right must accommodate the dominant land

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