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Key definition

Mesne profits definition

What does Mesne profits mean? Mesne profits are damages for the value of use and occupation of land during a period of wrongful possession. They are payable by a person who remains in, or enters into, possession without a right to do so (for example, a tenant holding over after lease expiry or a trespasser) to the person entitled to possession. In practice, mesne profits are commonly claimed with possession proceedings and trespass to land claims. They accrue from the date the defendant’s right to possession ended until vacant possession is delivered. They are not rent but are usually assessed by reference to the...

2017 archive of key property law developments: appeals, legislation and consultations

Published by a LexisNexis Property expert

Practice notes

The Property key future developments tracker monitors significant forthcoming developments of interest to property lawyers. Once a development takes place, it is moved into the archive for the appropriate year. This is the archive for events that occurred in 2017.

Appeal cases

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Possession proceedings - Mesne profits

Farrar v Leongreen Ltd [2017] EWCA Civ 2211, [2018] All ER (D) 13 (Jan). The Court of Appeal delivered judgment on 21 December 2017.

In Farrar v Leongreen Ltd, the Court of Appeal concluded that a landlord who had obtained possession against a former tenant was not, by virtue of Res judicata, prevented from issuing a fresh claim to recover mesne profits from that former tenant. The second suit proceeded on causes of action that were distinct from those relied upon in the earlier possession proceedings. The outcome was the same as if the landlord had been unaware that the former tenant had occupied the property as a trespasser during the relevant period, only discovering this after the subsequent determination...

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