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View the related practice notes about Profit à prendre

Profits à prendre

This Practice Note explains what a profit à prendre is and what the different types of profits are, how they can arise and how they can be terminated and which ones are most likely to be encountered in practice. It also touches on profits à prendre in due diligence and how profits may be protected by registration at HM Land Registry.Introduction — what is a profit à prendre?A profit à prendre is the right to take natural resources from another person’s land. Examples of profits include:•parts of the land itself such as sand, peat or minerals•products growing on the land such as grass or timber—this includes grazing rights•wild animals such as fish or game The most commonly encountered profits in practice are shooting rights and fishing rights (often referred to as sporting rights).The products taken must be capable of ownership so there cannot be a profit of water (unless it is contained in a tank or other receptacle).Profits can be enjoyed as:•several profits (or profits sole) which are enjoyed by...

Private nuisance—general principles

Private nuisance—general principles What situations can give rise to a claim? Private nuisance is a ‘violation of real property rights’. It involves substantial interference with the claimant’s ordinary enjoyment of their land, often by noise or smell, or by encroachment or actual physical damage to their property. Nuisance may be caused by inaction or omission as well as by positive activity, and there is a central principle of ‘give and take, live and let live’. Interference with the enjoyment of an easement relating to the claimant’s land may also constitute a nuisance, the right to light being the most common type of claim in this category. Nuisance is sometimes broken down into the following categories, although they are merely examples under the broad umbrella of ‘violation of property rights’: • encroachment on a neighbour's land • direct physical injury to a neighbour's land • interference with a neighbour's quiet enjoyment of their land It is said that ‘the categories of nuisance are not closed’ and that ‘anything short of...

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Deed of release of profit à prendre

Deed of release of profit à prendre Date [date] Parties 1 [full name of owner of dominant land or the Profit] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Releasor); 2 [full name of owner of servient land] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Grantor); 3 [full name of Mortgagee] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Mortgagee). 1 Definitions In this Deed, the following definitions apply: Grantor’s Land • the land known as [description] [comprised in title number [number] OR as comprised in a conveyance dated [date] made between [details of parties] OR as shown [edged OR coloured OR hatched] [colour] on the Plan; Plan • the plan annexed to this Deed; Profit • [details of the profit eg ‘the exclusive right for the Releasor and all persons...