{"id":2420,"date":"2018-01-02T08:53:39","date_gmt":"2018-01-02T08:53:39","guid":{"rendered":"https:\/\/askanacademic.com\/uncategorized\/easements-and-profits-land-law-133\/"},"modified":"2019-09-23T15:21:00","modified_gmt":"2019-09-23T15:21:00","slug":"easements-and-profits-land-law-133","status":"publish","type":"post","link":"https:\/\/askanacademic.com\/law\/easements-and-profits-land-law-133\/","title":{"rendered":"What are the differences between easements and profits-\u00e0-prendre?"},"content":{"rendered":"
What are the differences between easements and profits-\u00e0-prendre?<\/p>\n
An easement is loosely defined as: the right to use another\u2019s land for a specific purpose. Examples include gas pipes and a right of way.<\/p>\n
Re Ellenborough Park [1956] outlines four characteristics of an easement and they are:<\/p>\n
A profit-a-prendre (profit) on the other hand is defined as: the right to go to another\u2019s land and remove something that exists there naturally. Examples include a right to remove soil\/mineral or to graze sheep on another\u2019s 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).<\/p>\n
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.<\/p>\n
What are the differences between easements and profits-\u00e0-prendre under land law? What are the leading cases?<\/p>\n","protected":false},"author":1,"featured_media":1938,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[],"yoast_head":"\n