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