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DEED OF GRANT - PROFIT A PRENDRE IN GROSS

A Profit a Prendre is an interest in land and gives a person the right to enter another’s land and take something from the land such as crops, timber, pasture, fish, game or minerals. The thing taken must be part of the land and be capable of being owned. A Profit cannot include water.

 

Please note that although a Profit a Prendre is an interest in land, it is less than an estate in land and therefore does not involve exclusive possession.

 

In other words, Profits a Prendre are usually rights to take from another person’s land something on the land itself or the wild animals existing on it that is the property of the landowner.

 

Examples of Profit a Prendre include rights to:

 

  • graze stock
  • plant and harvest crops
  • quarry stone, sand or gravel, or
  • take timber

 

A Profit can be Appurtenant or in Gross. An Appurtenant Profit can only be used by the owner of the adjacent property. It does not exist in its own right and is annexed to the ownership of other land. Conversely, a Profit in Gross is an interest in land that can be bought and sold separately from the ownership of the land itself. It exists in its own right and can be sold, purchased, assigned or otherwise transferred by its owner separately from the land over which the right arises (it exists independently of land).

 

Please note that a landowner can grant multiple Profits a Prendre in Gross over the same land; thus, there may be more than one Profit a Prendre in Gross title affecting the same land.

 

A Profit a Prendre in Gross may be created by:

 

  • Deed of Grant
  • Common Law Prescription, or
  • Under the Doctrine of Lost Modern Grant (which presupposes a grant that cannot now be produced).

 

N.B. A Profit a Prendre in Gross cannot be acquired under the provisions of the Prescription Act 1832.

 

Prior to the LRA 2002, Profits a Prendre in Gross were not capable of registration separately from land. However, since 13 October 2003 a Profit a Prendre in Gross can be registered with its own title.

 

To be capable of registration under its own title, a Profit a Prendre in Gross must:

 

  • exist in its own right and not be annexed to the ownership of other land
  • be held in fee simple or for a term of years with more than seven years unexpired
  • be granted by deed, acquired by prescription at common law or acquired under the doctrine of lost modern grant
  • be in respect of something which is capable of ownership (it cannot be in respect of water as water is not owned by anyone).

 

If it is not registered with its own title then a Profit a Prendre in Gross must be protected against purchasers of the burdened land. A legal Profit a Prendre in Gross will be an overriding interest. However, when granted out of a registered title after 12 October 2003 a Profit will become a legal rather than an equitable interest only when protected by notice in the charges register of the burdened land.

 

Where a Profit a Prendre in Gross is granted out of a registered title it is a registered disposition and so the correct application to the Land Registry is form AP1.

 

Where the burdened land is unregistered a caution against first registration should be lodged. This ensures notification when the burdened land comes up for registration so that the owner of the Profit a Prendre can check that the correct register entries are made.

 

Discontinuous leases of Profits a Prendre in Gross trigger first registration only if at the date of application more than seven years remains of the term. If the lease is granted for one month each year more than 84 months must remain unexpired.

 

This Deed of Grant - Profit a Prendre in Gross is fully comprehensive and shall be used in order to grant the following rights:

 

  • profit of estovers
  • profit of pasturage
  • profit of turbary
  • profit to mow and take grass and hay
  • profit in gross of venery (including birds)
  • profit of piscary
  • profit in gross to sow, harvest and take arable crops

 

This Deed of Grant - Profits a Prendre in Gross  template is in Microsoft Word format, written in plain English, easy to use and edit.



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