PROFIT A PRENDER

PROFIT A PRENDER

Profit a prendre: Is a privilege or right (easement) to enter the land of another and take away some natural things of value such as by fishing harnessing, hunting mining or pasturing profit to take.

Profit a prendre is an incorporeal hereditament and unlike an easement it is not necessarily appurtenant to dominant tenement but may be held as a right in gross, and as such may be assigned and dealth with as a valuable interest according to the ordinary rules of property. It is in effect a grant of the ownership of such portions of the land as the conveyed.

WHAT ARE THE DIFFERENT TYPES OF PROFIT A PENDRE

A profit a prendre can be

1. Appurtenant (owned by an adjacent land owner, and tied to the use of the adjacent land)
2. In gross

1. Appurtenant: An appurtenant profit may only be used by the owner of the adjacent property. A property recorded profit will remain even if the ownership of the l;and upon which the profit exist changes hands.
2. In gross

By contrast, a profit in gross can be assigned or otherwise transferred by the owner courts will construe a profit as being in gross unless the profit is expressly designated as being appurtenant. Therefore profit by prescription will virtually always be profit in gross, a profit in gross is completely alienable, profit can also be exclusive (guaranteeing the owner of the profit that no other person will be given the right to collect the specified resources on the land).

How is profit a prendre terminated?

Termination of a profit a prendre can occur by a number of means, including:

1. Merger: If the owner of the profit acquire the land to which it applies there is no longer any need for a separate right to take resources off it.
2.  Release: The owner of the profit can execute a contract to surrender the profit to the owner of the land.
3. Abandonment: The owner of the profit ceases to make use of it for a sufficient length of time to lead a reasonable owner to believe that it will no longer be used.
4. Misuse: If a profit is used in such a way that it will be terminated. These are ways where by profit-a-prendre can be terminated.

Different between easement and profit a prendre

Easement is a right owner one place of land for the benefit of another piece of land. For example, a right to store, right to light etc.

While profit a prendre is that a right for a person to go to onto the land of another the servient land and take either part of the natural produce of the land, itself capable of ownership (such as crops, water) or animals.

The difference between easement and profit a prendre is that:

Easements are right over to enter the land of another and take the profit of it.

REFERENCE

N.Y. Real Property Law § 335-a. Found at New York state Assembly official website, then go to RPP. Retrieved February 5, 2009.

Jordan, Cora; Randolph, Mary (1994). “Easements Acquired by Use of Property”. Neighbor law : fences, trees, boundaries, and noise (2nd ed. ed.). Berkeley: Nolo Press. ISBN 9780873372664. Retrieved 26 July 2014.

Gray, Kevin J.; Susan Francis Gray (2009). Elements of Land Law (5th ed.). Oxford: Oxford University Press. p. 13. ISBN 9780199219728. OCLC 231883446. Retrieved May 22, 2014.