Profits à prendre—registration issues
Profits à prendre—registration issues

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

  • Profits à prendre—registration issues
  • Voluntary registration
  • Compulsory registration
  • Dispositions
  • Overriding interests
  • Possible reform

The Land Registration Act 2002 (LRA 2002) radically reformed the land registration system in England and Wales. Its principal aim was to ensure that it is possible to investigate title to land online with the minimum of additional enquiries and inspection by making the register as complete and conclusive as possible as to third party rights including profits à prendre.

Voluntary registration

Profits in gross created before 13 October 2003 may be registered with their own title provided that the right is:

  1. not annexed to land

  2. held in fee simple or for a term of years with more than seven years unexpired

  3. granted by deed or acquired by prescription

  4. in respect of something capable of ownership

Compulsory registration

Profits in gross created on or after 13 October 2003 must be registered with their own title to operate at law. Any subsequent dealing with the title created will be a registrable disposition.

Dispositions

LRA 2002 increased the transactions treated as a 'registrable disposition' to include the express grant or reservation of a profit à prendre. These dispositions do not take effect in law until registration has been effected.

Overriding interests

Under the Land Registration Act 1925 (LRA 1925) profits à prendr

Related documents:

Popular documents