PROFIT A PRENDRE

INTRODUCTION.

A profit a prendre is a right to enter the land of another person and take something off the land. The right to participate in the produce of the soil or in the soil itself is what distinguished a profits a prendre from an easement profit a prendre includes the right to  take fish from another persons pond, yams, grasscutter, and Plantain from another person’s farm. To constitute profit a prendre the material taken must be capable of ownership

OBJECTIVE

The objective of this unit is to acquaint the students with the characterists of profit a prendre with a view to highlighting the fundamental distinction between a profit a prendre and easement

NATURE OF PROFIT A PRENDRE

Profits are classified into those enjoyed by the owner to exclusion of others referred to “several profits are prendre “ or those enjoyed by the owner of the owner in common with other persons including the owner of the subservient tenement referred to as profit a prendre in common or simply “commons”.

A right of common may be said to exist where two or more take in common with each other from the soil of a third person, a part of the natural profit then produced. While every common is a profit a prendre, all profits a prendre are not necessarily common.

CLASSIFICATION OF PROFIT A PRENDRE

Right of profits are classified according to their subject matter into four kinds namely:

• Commons of pastures: It is the most common pasture. It arises when the owner of cattle is in common with others entitled to graze cattle on the land of another
• Commons of piscary: The right to take fish from another’s private’s private pond or river
• Commons of turbary: The right to take turf or peat from another’s land
• Commons of estovers: The right to take materials for house – building or house hold purposes from another’s land

DISTINCTION BETWEEN EASEMENT AND PROFIT A PRENDRE

Profits and easement have similar trails but differs in certain respects as follows:

• A profit involves the taking of something from the land of another whereas an easement does not
• a profit may exist in gross. In other words one need not be an immediate neighbour or even a land owner in order to enjoy a profit whereas this is an essential condition for the enjoyment of an easement
• a profit may be appended to land that is annexed at common law without the necessity for the grant of a deed.

 ACQUISITION OF PROFIT A PRENDRE

The various methods of acquiring easement are applicable to the acquisition of profit a prendre with very few exceptions. They include:

• statutorily acquisition
• By express grant
• By implied grant
• By presumed grant or prescription

 EXTINGUISHMENT OF PROFIT A PRENDRE

A profit a prendre may be extinguished in any of the following methods:

• Unity of Seisin: If the owner of the profit or common also becomes owner of the land over which the right is exercisable, it extinguished the right provided there is unity of his estate in the right and in the land. In other words, when one person becomes seised of the dominant and subservient tenement, the profit a prendre lapses. Where however the owner of the profit takes a lease of the servient tenement, the result of the unity of possession which is distinguishable from unity of seisin is that the seisin in suspended and will revive on the expiration of the lease
• Release: A release of a profit in favour of the servient owner extinguishes it as a man cannot have a profit or common on his own land
• alteration of dominant tenement: Non user of a profit a prendre does not extinguish the right but where the character of the dominant tenement is so altered as to make any further appurtenances impossible, it raises the presumption of extinguishment. If for example a land in which a common of pasture was granted is converted to a building, the common is destroyed. However where the conversion is revocable as where an orchard is planted, the profit is suspended but could be resumed on the restoration of the land to its original state.
• Approvement and inclosure of commons: Right of commons may be partially extinguished by approvement and wholly extinguished by inclosure

 CONCLUSION.

A none user of a profit will not automatically extinguish it but must be inferred from the surrounding circumstances which informed the non user.

SUMMARY

• Profit a prendre is a right to take something which forms a part of the land of another
• Profit a prendre is classified into “several profits” which denotes profit enjoyed by the owner with no other

While  Profit in common is  the one  enjoyed by the owner and  other people

• Profits a prendre is also classified according to their subject matter.
• Profits a prendre is distinguishable from easement by its involvement in taking something from the land of another while an easement does
• An easement is dependent on the proximity of the beneficiary to the land while no such requirement is necessary for profit a prendre.
• A profit a prendre may be acquired by statutory acquisition, express grant, presumed grant or prescription
• A profit a prendre is extinguished by unity in seisin, alteration of dominant tenement, release or approvement and inclosure
• Extinguishment could be inferred by non user of a profit a prendre and surrounding circumstances

TUTOR MARKED ASSIGNMENT

• Distinguish between a profit a prendre and an easement
• Analyse the  various  methods  of  extinguishing  a  profit a prendre

 SUGGESTED FURTHER READING /REFERENCES

NIKI TOBI cases and materials on Nigerian land law (Lagos: Mabrochi books, 1997)