Profit a prendre
A 'profit a prendre' (or profit à prendre) is a right to take something from another person’s land. This could be part of the land itself, such as peat; something growing on it, such as timber or grass (which can be taken by the grazing of animals); or wildlife killed on it, for example by shooting or fishing.
The thing taken must be capable of ownership, so a right to use land in some way, or to take water from a natural feature, cannot be a profit. This distinguishes a profit a prendre from an easement, which is a non-possessory interest in land.
A profit a prendre may be appurtenant or in gross:
- A profit a prendre appurtenant is a right, the benefit of which is attached to a particular piece of land, in the same way as an easement. It cannot be registered with its own title.
- A profit a prendre in gross is a right not attached to the ownership of any particular piece of land. The owner of the profit may not own any land at all and may dispose of the profit independently from any land they do own. A profit a prendre in gross may be substantively registered with its own title. Alternatively, a profit a prendre in gross may be the subject of notice in the register of the affected land, without being registered with its own title or, if the affected land is not registered, the subject of a caution against first registration. A profit a prendre in gross may be created by express grant (or reservation), by statute, or by prescription at common law or under the doctrine of lost modern grant. Because different profits a prendre in gross may be granted over the same land to take different things, or to take the same thing at different times, there may be more than one profit a prendre in gross affecting the same land.
NB This article contains public sector information licensed under the Open Government Licence v2.0 ref Land Registry, Profits a prendre (taking natural resources from another's land) (PG16) 13 October 2003.
 Related articles on Designing Buildings Wiki.
- Glossary of property law terms.
- Land register.
- Restrictive covenant.
- Site selection and acquisition for construction.
 External references
Featured articles and news
RSHP unveil their involvement in a boundary crossing which will provide a new entry point into Hong Kong.
With PFI currently under the spotlight due to Carillion, this introductory article explains what they are.
Estimates suggest that up to 30,000 small firms could be at risk of non-payment as a result of Carillion's collapse.
Sir Oliver Letwin to lead an independent review into the delays in the delivery of housing.
As Carillion collapses, read our article explaining insolvency in the construction industry.
43,000 jobs at risk as Carillion declares insolvency..
1961 saw the publication of three important books about urban design that remain relevant today.
Next week the planning fee increases by 20% and new fees are introduced.
How the transformative power of BIM and other digital technologies can be used to gain a competitive edge.
Relevant events and relevant matters are terms used in some contracts, but knowing the differences is important.
Government release statistics showing how many people are now on the property ladder due to Help to Buy schemes.