What are the differences between easements and profits-à-prendre?

Question

What are the differences between easements and profits-à-prendre?

Answer

An easement is loosely defined as: the right to use another’s land for a specific purpose. Examples include gas pipes and a right of way.

Re Ellenborough Park [1956] outlines four characteristics of an easement and they are:

1. There must be a dominant and servient tenement
2. The easements must accommodate the dominant land
3. The easement must be owned and occupied by different people
4. The easement must be capable of forming the subject matter of a ‘grant’

A profit-a-prendre (profit) on the other hand is defined as: the right to go to another’s land and remove something that exists there naturally. Examples include a right to remove soil/mineral or to graze sheep on another’s land. Profits can appear in gross (completely separate not attached to a dominant land) or appurtenant (can only be used by owner of the adjacent property).

As with easements, there is a requirement for there to be a servient land over which the right exists, however with profits there must always be a dominant land benefitted by the right.

References