Profit à prendre appurtenant meaning

A profit à prendre appurtenant is a right to take natural products (for example timber, turf, fish or minerals) from another’s land, where the right is attached to, and benefits, a parcel of land (the dominant tenement), not a person. It runs with that land on transfer and cannot be assigned or severed independently; it is exercised over the servient land. Typically created by express grant or reservation, by prescription, or by statute, its scope is fixed by its terms and must be exercised reasonably. It contrasts with a profit à prendre in gross, which is held personally and can be transferred separately. England and Wales: recognised at common law; capable of being a legal interest if granted by deed for a fee simple or term. Express profits created over registered land generally require registration under the Land Registration Act 2002 to bind successors; implied or prescriptive profits may override. Northern Ireland: broadly similar. Ireland: recognised under the Land and Conveyancing Law Reform Act 2009 (as amended in 2021 for prescription); registrable with PRA. Scotland: the closest equivalent is a praedial servitude (e.g., pasturage or cutting turf), which attaches to the dominant tenement.