Profit à prendre meaning

A profit à prendre is the right to enter another person’s land and take something that is part of the land or its natural produce, such as minerals, timber, peat, fish, game or pasture. It is a proprietary right, distinct from an easement (which is a right of use rather than a right to take). Profits may be appurtenant (benefiting identified land) or in gross (held independently), may be several or exclusive, and are commonly used for grazing, fishing, shooting and quarrying. England and Wales and Northern Ireland: profits are recognised by case law and statute. They are typically created by deed (grant or reservation), by prescription (including under the Prescription Act 1832 or lost modern grant), or by statute. A profit can be legal if created by deed, is transferable (particularly when in gross), and usually requires protection or registration; some may operate as overriding interests. Ireland: broadly similar, with creation by deed or prescription under case law and the Land and Conveyancing Law Reform Act 2009 (as amended), and registration in the Land Registry or Registry of Deeds as appropriate. Scotland: equivalent rights exist but are classified under Scots property law (for example separate tenements such as salmon fishings or...