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Profit A Prendre - Assignment

Profit a prendre is a non-possessory right that allows the holder to enter land owned by another and remove items such as timber, minerals, or natural produce. It is considered an interest in land and is therefore immovable property. A key difference between a profit and a license is that a profit cannot be revoked, while a license is generally revocable. Judicial decisions have affirmed that a profit transfers with the land and includes any benefits arising from the land. A profit is an important concept in property law as it expands what can be transferred beyond possession of the land itself to include non-possessory rights and benefits from the land.

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Navaneeth Neon
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1K views3 pages

Profit A Prendre - Assignment

Profit a prendre is a non-possessory right that allows the holder to enter land owned by another and remove items such as timber, minerals, or natural produce. It is considered an interest in land and is therefore immovable property. A key difference between a profit and a license is that a profit cannot be revoked, while a license is generally revocable. Judicial decisions have affirmed that a profit transfers with the land and includes any benefits arising from the land. A profit is an important concept in property law as it expands what can be transferred beyond possession of the land itself to include non-possessory rights and benefits from the land.

Uploaded by

Navaneeth Neon
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© © All Rights Reserved
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NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES

Profit a Pendre
(Law of Property Assignment)

SUBMITTED TO: Dr. Liji Samuel

SUBMITTED BY: Navaneeth SS (1529)


Profit a Pendre

Profit a prendre was derived from French Language which means “Right of Taking”. According
to Black’s dictionary, Profit a prendre, called also “right of common”. A right exercised by one
man in the soil of another, accompanied with participation in the profits of the soil thereof.
‘Benefit to arise out of land’ –A benefit to arise out of land is an interest in land, therefore
immovable property. Not only the land, but benefit arising out of it is also regarded as
immovable property because benefits arising out of land is an incident of it and cannot be
severed from it. The grant of the Profit a prendre is immovable property and has to be by means
of a registered instrument. A non-possessory interest in land is a term of the law of property to
describe any of a category of rights held by one person to use land that is in the possession of
another. Under common law, profit comes under non possessory interest. Profit a prendre the
right of a person to enter on to the land owned by another person and remove an item or items
previously agreed upon1. Right to take from another’s land (gravel, crops, timber, fish, game),
property right over the land –right to use the land for a particular purpose (don’t own the fish in
his pond, have the right to come over his land and fish in the pond) A ‘benefit to arise out of
land’ is an interest in the land, therefore, immovable property. A Profit a prendre is not
revocable in the sense of a license; it can be terminated at any time upon reasonable notice and
can be “gross”: doesn’t have to tie between 2 pieces of land. “A Profit a prendre is an interest in
land”, this creates an interest in land and gives the right to take something off someone else’s
land including wildlife, minerals or timber. It can also be characterized as a right to extract some
form of natural produce. E.g. oil/natural gas. Like an easement, profits can be created expressly
by an agreement between the property owner and the owner of the profit.

Meaning of PROFIT A PRENDRE :According to section 3 of the Transfer of Property Act,


1882 and subsection 25 of the General Clauses Act 1897, which applies to the immovable
property as included “land”, “benefit arising out of land” and the things attached to the earth,
which means rooted in the earth or embedden in the earth, or permanently fastened to anything
so embedded for its beneficial enjoyments”. The definition of “immovable property” in section 3
of the Transfer of the Property Act itself shows that definition contained in General Clauses Act.
Section 3 of transfer of property act excludes standing timber, growing crops and grass from the
definition of immovable property. In other words, all other interests in the land are integral to
immovable property.
A right to enter on land, for purpose of cutting and carrying way timber standing on it, is a
benefit that arises out of land, and under section 3(26) of the general clauses act, it would be
regarded as immovable property, because

• It is a benefit that arises out of the land,


• Trees are attached to the earth

In Santabhai vs. State of Bombay2case it was challenged that whether standing timber comes
under immovable property or not. It was held by Vivian that “Now it will be observed that trees
are regarded as immovable property because they are attached to or rooted in the earth. Transfer
of property does not define immovable property beyond saying that it does not include standing
timber, growing crops or grass’, trees attached to it are immovable except standing timber.3In
the absence of special definition, the general definition must prevail. Therefore trees are
immovable property (except standing timber) are immovable property”4it is proved in the
Santabhai case that trees are considered as immovable property.

Profit a prendre is a similar to a license since both permit use of another’s land for specified
purpose. But the Profit a prendre is not revocable like a license which is generally terminable at
any time upon reasonable notice. The nature of Profit a Prendre is to remove something
from the land. The major difference between license and Profit a prendre is license to use and
right to take is also, a license will not be enforceable against third parties. The benefits
arising out of land which is also an immovable property, when an immovable property is
transferred. The benefits arising out of the land are also transferable, with the immovable
property. Once the property is transferred all the benefits arising out of such property
also stand transfer to the transferee. It is not revocable unlike a licence. Judiciary has upheld the
principal of Profit a prendre in its various decisions.

Profit a prendre is one of the most important concepts relating to transfer of property.
By including benefits arising out of the land within transfer of property it greatly
widened the scope of transfer. The difference between licence and Profit a prendre plays
a key role in understanding the concept. Profit a prendre is one of the essential concept in non-
possessory rights related to transfer of property. Judicial interpretation of this concept is
very much essential for the proper implementation of the law.

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